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2026 Pavement Maintenance Overlay Special Provisions <br />PW# 3860 SP - 38 March 5, 2026 <br />1 2. Lump Sum Items in the Bid Form based on the approved Contractors lump sum <br />2 breakdown for that item, or absent such a breakdown, based on the Engineers <br />3 determination. <br />4 3. Materials on Hand 100 percent of invoiced cost of material delivered to Job site <br />5 or other storage area approved by the Engineer. <br />6 4. Change Orders entitlement for approved extra cost or completed extra Work as <br />7 determined by the Engineer. <br />8 <br />9 Progress payments will be made in accordance with the progress estimate less: <br />10 1. Retainage per Section 1-09.9(1), on non FHWA-funded projects; <br />11 2. The amount of Progress Payments previously made; and <br />12 3. Funds withheld by the Contracting Agency for disbursement in accordance with <br />13 the Contract Documents. <br />14 <br />15 Progress payments for Work performed shall not be evidence of acceptable performance <br />16 or an admission by the Contracting Agency that any Work has been satisfactorily <br />17 completed. The determination of payments under the Contract will be final in accordance <br />18 with Section 1-05.1. <br />19 <br />20 The sixth paragraph of Section 1-09.9 is deleted. <br />21 <br />22 1-09.11(3).RTF <br />23 1-09.11(3) Time Limitation and Jurisdiction <br />24 (December 30, 2022 APWA GSP) <br />25 <br />26 Revise this section to read: <br />27 <br />28 For the convenience of the parties to the Contract it is mutually agreed by the parties that <br />29 all claims or causes of action which the Contractor has against the Contracting Agency <br />30 arising from the Contract shall be brought within 180 calendar days from the date of final <br />31 acceptance (Section 1-05.12) of the Contract by the Contracting Agency; and it is further <br />32 agreed that all such claims or causes of action shall be brought only in the Superior Court <br />33 of the county where the Contracting Agency headquarters is located, provided that where <br />34 an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. <br />35 The parties understand and agree that the Contractors failure to bring suit within the time <br />36 period provided, shall be a complete bar to all such claims or causes of action. It is further <br />37 mutually agreed by the parties that when claims or causes of action which the Contractor <br />38 asserts against the Contracting Agency arising from the Contract are filed with the <br />39 Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency <br />40 to have timely access to all records deemed necessary by the Contracting Agency to assist <br />41 in evaluating the claims or action. <br />42 <br />43 1-09.13(3)A.RTF <br />44 1-09.13(3)A Arbitration General <br />45 (January 19, 2022 APWA GSP) <br />46 <br />47 Revise the third paragraph to read: <br />48 <br />49 The Contracting Agency and the Contractor mutually agree to be bound by the decision of <br />50 the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in <br />51 the Superior Court of the county in which the Contracting Agencys headquarters is located, <br />52 provided that where claims subject to arbitration are asserted against a county,