Earthwork Solutions, LLC 1/14/2026

RRFB PEDESTRIAN SAFETY October 31, 2025 STATE FUND # HLP-PB25(004) WO 3807 Page 45 of 82 1 Progress payments for work performed shall not be evidence of acceptable performance 2 or an admission by the Contracting Agency that any work has been satisfactorily 3 completed. The determination of payments under the contract will be final in accordance 4 with Section 1-05.1. 5 6 Failure to perform obligations under the Contract by the Contractor may be decreed by the 7 Contracting Agency to be adequate reason for withholding any payments until compliance 8 is achieved. 9 10 Upon completion of all Work and after final inspection (Section 1-05.11), the amount due 11 the Contractor under the Contract will be paid based upon the final estimate made by the 12 Engineer and presentation of a Final Contract Voucher Certification to be signed by the 13 Contractor. The Contractor’s signature on such voucher shall be deemed a release of all 14 claims of the Contractor unless a Certified Claim is filed in accordance with the 15 requirements of Section 1-09.11 and is expressly excepted from the Contractors 16 certification on the Final Contract Voucher Certification. The date the Contracting Agency 17 signs the Final Contract Voucher Certification constitutes the final acceptance date (Section 18 1-05.12). 19 20 If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher 21 Certification or any other documentation required for completion and final acceptance of 22 the Contract, the Contracting Agency reserves the right to establish a Completion Date (for 23 the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the 24 Contract. Unilateral final acceptance will occur only after the Contractor has been provided 25 the opportunity, by written request from the Engineer, to voluntarily submit such documents. 26 If voluntary compliance is not achieved, formal notification of the impending establishment 27 of a Completion Date and unilateral final acceptance will be provided by email with delivery 28 confirmation from the Contracting Agency to the Contractor, which will provide 30 calendar 29 days for the Contractor to submit the necessary documents. The 30 calendar day period 30 will begin on the date the email with delivery confirmation is received by the Contractor. 31 The date the Contracting Agency unilaterally signs the Final Contract Voucher Certification 32 shall constitute the Completion Date and the final acceptance date (Section 1-05.12). The 33 reservation by the Contracting Agency to unilaterally accept the Contract will apply to 34 Contracts that are Physically Completed in accordance with Section 1-08.5, or for Contracts 35 that are terminated in accordance with Section 1-08.10. Unilateral final acceptance of the 36 Contract by the Contracting Agency does not in any way relieve the Contractor of their 37 responsibility to comply with all Federal, State, tribal, or local laws, ordinances, and 38 regulations that affect the Work under the Contract. 39 40 Payment to the Contractor of partial estimates, final estimates, and retained percentages 41 shall be subject to controlling laws. 42 43 1-09.9(1).GR1 44 Retainage 45 46 1-09.9(1).INST1.GR1 47 Section 1-09.9(1) content and title is deleted and replaced with the following: 48 49 1-09.9(1).OPT1.GR1 50 (June 27, 2011) 51 Vacant 52