1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda
(PUD April 2020)
Revise the second paragraph to read:
Any inconsistency in the parts of the Contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth):
- Addenda,
- Proposal Form,
- Special Provisions,
- Contract Plans,
- Standard Specifications,
- PUD Design Standards,
- All applicable codes, permits, and regulations.
1-04.5 Procedure & Protest by the Contractor
(PUD April 2020)
Replace the first and second paragraphs and subsections 1 and 2(a) of the third paragraph of this Section with the following:
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this Section provides. A change order that is not protested as provided in this Section shall be full payment and final settlement of all claims for Contract Time and for all costs of any kind, including costs of delays, related to any Work either covered or affected by the change.
By not protesting as this Section provides, the Contractor waives any claim or entitlement to additional compensation, adjustment to the Contract Price, adjustment to the Contract Time, and any other legal or equitable relief. Also, by not protesting as provided by this Section the Contractor thereby accepts any written or oral order, change order, direction, instruction, interpretation, and determination issued by the Engineer.
If an occurrence, event, or action occurs whereby the Contractor believes it has or will have a right to additional compensation, adjustment to the Contract Price, adjustment to the Contract Time, legal or equitable relief, damages, or any modification or equitable adjustment of the terms of the Contract, or if the Contractor is in disagreement with anything required in a change order, another written order, an oral order, determination, or any other action by the Engineer, the Contractor shall:
- Immediately give a signed written notice of protest to the Engineer or the Engineer’s field Inspectors before doing any Work related to the occurrence, event, or action that is the subject of the protest. In all cases, the notice of protest must be given within 10 calendar days of the occurrence, event, or action that is the subject of the protest. The notice of protest must include the date and description of the event, occurrence, or action together with a statement describing the anticipated effect of the event, occurrence, or action upon the Work and the Contract.
- Supplement the written protest within 14 calendar days with a written statement and supporting documents providing the following:
- The date and nature of the occurrence, event, action, order, direction, instruction, interpretation, or determination that is the subject of the protest
1-04.6 Variation in Estimated Quantities
(May 25, 2006 APWA GSP)
Supplement this section with the following:
The quantities for HMA Cl. ½” PG 64-22, Trench Safety System, Rock Excavation, Removal and Replacement of Unsuitable Material, Cement Conc. Sidewalk, Cement Conc. Traffic Curb, Painted Stop Line, and Painted Crosswalk Line have been entered into the Proposal only to provide a common proposal for bidders. Actual quantities will be determined in the field as the work progresses, and will be paid at the original bid price, regardless of final quantity. These bid items shall not be subject to the provisions of 1-04.6 of the Standard Specifications