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2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR <br /> PAGE SP61 OF SP123 SPECIAL PROVISIONS <br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011) <br />The parties understand and agree that the Contractor’s failure to bring suit within the time 1 <br />period provided, shall be a complete bar to all such claims or causes of action. It is further 2 <br />mutually agreed by the parties that when claims or causes of action which the Contractor 3 <br />asserts against the Contracting Agency arising from the Contract are filed with the 4 <br />Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency 5 <br />to have timely access to all records deemed necessary by the Contracting Agency to assist 6 <br />in evaluating the claims or action. 7 <br /> 8 <br />1-09.13(3)A.RTF 9 <br />1-09.13(3)A Arbitration General 10 <br />(January 19, 2022 APWA GSP) 11 <br /> 12 <br />Revise the third paragraph to read: 13 <br /> 14 <br />The Contracting Agency and the Contractor mutually agree to be bound by the decision of 15 <br />the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in 16 <br />the Superior Court of the county in which the Contracting Agency’s headquarters is 17 <br />located, provided that where claims subject to arbitration are asserted against a county, 18 <br />RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. The decision of 19 <br />the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall 20 <br />use the Contract as a basis for decisions. 21 <br /> 22 <br />1-09.13(4).RTF 23 <br />1-09.13(4) Venue for Litigation 24 <br />(December 30, 2022 APWA GSP) 25 <br /> 26 <br />Revise this section to read: 27 <br /> 28 <br />Litigation shall be brought in the Superior Court of the county in which the Contracting 29 <br />Agency’s headquarters is located, provided that where claims are asserted against a 30 <br />county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. It is 31 <br />mutually agreed by the parties that when litigation occurs, the Contractor shall permit the 32 <br />Contracting Agency to have timely access to all records deemed necessary by the 33 <br />Contracting Agency to assist in evaluating the claims or action. 34 <br /> 35 <br />1-10.GR1 36 <br />Temporary Traffic Control 37 <br /> 38 <br />1-10.2.GR1 39 <br />Traffic Control Management 40 <br /> 41 <br />1-10.2.INST1.GR1 42 <br />Section 1-10.2 is supplemented with the following: 43 <br /> 44 <br />1-10.2.OPT1.GR1 45 <br />(November 2, 2022) 46 <br />Work Zone Safety Contingency 47 <br />Enhancements to improve the effectiveness of the accepted traffic control plans to 48 <br />increase the safety of the work zones shall be discussed on a weekly basis between the 49 <br />Contractor and the Contracting Agency. Enhancements shall be mutually agreed upon by 50 <br />the Contractor and Engineer prior to performing any Work to implement the enhancement. 51 <br /> 52