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I <br /> 1 The Contractor shall comply with the requirements of RCW 39.04.250, 39.76.011, <br /> 2 39.76.020, and 39.76.040, in particular regarding prompt payment to Subcontractors. <br /> 3 Whenever the Contractor withholds payment to a Subcontractor for any reason <br /> 4 including disputed amounts, the Contractor shall provide notice to the Subcontractor <br /> 5 with a copy to the Contracting Agency identifying the reason for the withholding and a <br /> I6 clear description of what the Subcontractor must do to have the withholding released. <br /> 7 Following receipt of a progress payment from the Contracting Agency, a Monthly <br /> 8 Payment Summary form shall be submitted to the Engineer in PDF format within 20 <br /> 9 calendar days. The Monthly Payment Summary shall include all Subcontractors that <br /> ■ 10 completed Work that was paid on the progress estimate by the Contracting Agency. <br /> 11 Retainage withheld by the Contractor prior to completion of the Subcontractors work is <br /> I 12 exempt from reporting as a payment withheld and is not included in the withheld <br /> 13 amount. The Monthly Payment Summary form is available from the Engineer. The <br /> 14 Contracting Agency's copy of the notice to Subcontractor for deferred payments shall be <br /> I 15 submitted with the Monthly Payment Summary. <br /> 16 <br /> 17 1-08.1(1) Subcontract Completion and Return of Retainage Withheld <br /> O 18 This section is revised to read: <br /> 19 <br /> 20 The following procedure shall apply to all subcontracts entered into as a part of <br /> I 21 this Contract: <br /> 22 <br /> 23 Requirements <br /> 24 1. Upon request, the Engineer will provide a copy of any or all progress payment <br /> 1 25 estimates, with regard to contract payments to any interested party to the <br /> 26 project. <br /> 27 <br /> 28 2. The Contractor shall make payment to the Lower Tier Subcontractor not later <br /> 29 than ten calendar days after receipt of payment for work satisfactorily <br /> 30 completed by the Lower Tier Subcontractor, to the extent of the Lower Tier <br /> I 31 Subcontractor's interest therein. <br /> 32 <br /> 33 3. In the event the Contractor believes they have the right under the Contract or <br /> I 34 Subcontract to withhold payment in part or whole from a Lower Tier <br /> 35 Subcontractor they shall provide immediate notification to that Lower Tier <br /> 36 Subcontractor and the Engineer. The notice shall include an accounting of <br /> 37 payments to date, the value and reason for the withheld amount, and an <br /> I38 explanation of what must be done to have the withheld amount released. The <br /> 39 Lower Tier Subcontractor shall be paid within eight calendar days after the <br /> 40 Subcontractor completes the remedial action identified. <br /> I 41 <br /> 42 4. Every subcontract and lower tier subcontract shall have a dispute resolution <br /> 43 process incorporated for resolving issues between the parties to the <br /> I 44 subcontract, or one shall be established as necessary. <br /> 45 <br /> 46 5. If the parties agree, the WSDOT will make a third party neutral available <br /> I 47 provided the parties to the dispute agree that the cost of doing so is split <br /> 48 between them. <br /> 49 <br /> 50 6. The Engineer will withhold the same amount of funds from the Contractor as <br /> 51 was withheld if the issue is not resolved by the next progress estimate. <br /> 52 <br /> 1 <br /> I AMENDMENTS TO THE 2014 STANDARD SPECIFICATIONS BOOK <br /> Revised: 8/3/15 <br />