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2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR <br /> PAGE SP60 OF SP123 SPECIAL PROVISIONS <br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011) <br />work are tentative, and made only for the purpose of determining progress payment. 1 <br />The progress estimates are subject to change at any time prior to the calculation of the 2 <br />Final Payment. 3 <br /> 4 <br />The value of the progress estimate will be the sum of the following: 5 <br />1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of 6 <br />work completed multiplied by the unit price. 7 <br />2. Lump Sum Items in the Bid Form — based on the approved Contractor’s lump sum 8 <br />breakdown for that item, or absent such a breakdown, based on the Engineer’s 9 <br />determination. 10 <br />3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site 11 <br />or other storage area approved by the Engineer. 12 <br />4. Change Orders — entitlement for approved extra cost or completed extra work as 13 <br />determined by the Engineer. 14 <br /> 15 <br />Progress payments will be made in accordance with the progress estimate less: 16 <br />1. Retainage per Section 1-09.9(1), on non FHWA-funded projects; 17 <br />2. The amount of Progress Payments previously made; and 18 <br />3. Funds withheld by the Contracting Agency for disbursement in accordance with the 19 <br />Contract Documents. 20 <br /> 21 <br />Progress payments for work performed shall not be evidence of acceptable performance 22 <br />or an admission by the Contracting Agency that any work has been satisfactorily 23 <br />completed. The determination of payments under the contract will be final in accordance 24 <br />with Section 1-05.1. 25 <br /> 26 <br />1-09.9(1).GR1 27 <br />Retainage 28 <br /> 29 <br />1-09.9(1).INST1.GR1 30 <br />Section 1-09.9(1) content and title is deleted and replaced with the following: 31 <br /> 32 <br />1-09.9(1).OPT1.GR1 33 <br />(June 27, 2011) 34 <br />Vacant 35 <br /> 36 <br />1-09.11(3).RTF 37 <br />1-09.11(3) Time Limitation and Jurisdiction 38 <br />(December 30, 2022 APWA GSP) 39 <br /> 40 <br />Revise this section to read: 41 <br /> 42 <br />For the convenience of the parties to the Contract it is mutually agreed by the parties that 43 <br />all claims or causes of action which the Contractor has against the Contracting Agency 44 <br />arising from the Contract shall be brought within 180 calendar days from the date of final 45 <br />acceptance (Section 1-05.12) of the Contract by the Contracting Agency; and it is further 46 <br />agreed that all such claims or causes of action shall be brought only in the Superior Court 47 <br />of the county where the Contracting Agency headquarters is located, provided that where 48 <br />an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. 49