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F D Thomas Inc 9/9/2019
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F D Thomas Inc 9/9/2019
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Last modified
9/10/2019 10:10:38 AM
Creation date
9/10/2019 10:08:59 AM
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Contracts
Contractor's Name
F D Thomas Inc
Approval Date
9/9/2019
Council Approval Date
8/28/2019
End Date
2/13/2020
Department
Facilities
Department Project Manager
Ruben Sanchez
Subject / Project Title
Everpark Garage Structural Repairs
Tracking Number
0001981
Total Compensation
$1,386,761.92
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
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City of Everett 00 72 00 - 8 ' <br /> Everpark Garage Repairs 2018-034 <br /> 2.4. SUBMITTALS <br /> Where required by the Contract Documents,the Contractor shall submit information which will enable <br /> the Owner's Representative to advise the Owner whether the Contractor's proposed materials, Equipment <br /> or methods of work are in general conformance to the design concept and in compliance with the <br /> Drawings and Specifications, such as catalog cuts and shop,working or detail drawings. In its <br /> Submittals,the Contractor shall expressly and explicitly notify the Owner's Representative of any and all <br /> deviations from the Specifications. Without express and explicit Notice of a deviation from the Contract <br /> requirements, approval of a Submittal does not relieve Contractor from complying with Contract <br /> requirements. The Owner's approval of a Submittal did not constitute a waiver of the Contract <br /> requirements. The Owner or Owner's Representative shall respond to a Submittal within thirty(30)days <br /> of receipt. The Owner or Owner's Representative may extend this time for good cause by notifying the <br /> Contractor. The Owner will not be obligated to accept or pay for Work performed by the Contractor that <br /> may be affected by materials,Equipment, or methods of work not submitted in a timely manner so that <br /> final review can be accomplished before the affected Work is complete. The Owner shall not be <br /> responsible for Delays, inefficiencies, or any additional costs or expenses caused in whole or in part by <br /> Contractor's failure to submit required information in sufficient time for review,comment, and <br /> correction. Contractor's failure to submit required information in sufficient time for review,comment <br /> and correction shall be deemed a waiver of any and all Contract Claims for adjustment of Contract Sum <br /> or Contract Time arising out of, or related to, such a Submittal. Contractor acknowledges and agrees that <br /> it may not rely upon receiving the Owner's response to a Submittal in less than thirty(30)days, unless the <br /> Owner explicitly changes this section by a signed Change Order. Requests for information or <br /> clarification from the Contractor to the Owner shall be treated as a Submittal. <br /> 2.5. CONTRACTOR'S COPIES OF CONTRACT DOCUMENTS <br /> The Contractor shall keep at the construction site at least one set of Contract Documents and one set of <br /> full-size Drawings that shall be available to the Owner's Representative and Owner. <br /> 3. OWNER <br /> 3.1. GENERAL <br /> The Owner, and the Owner's Representative, shall have the authority to act as the sole judge of the Work, ' <br /> Equipment and materials with respect to both quantity and quality as set forth in the Contract. It is <br /> expressly stipulated that the Drawings, Specifications and other Contract Documents set forth the <br /> requirements as to the nature of the completed Work and do not purport to control the method of <br /> performing Work except in those instances where the nature of the completed Work is dependent on the <br /> method of performance. <br /> The Owner has the authority to act, do,perform, and make any all decisions and actions authorized by the <br /> Contract Documents, including, but not limited to, Change Orders, progress payments,Contract <br /> decisions, acceptability of the Contractor's Work, and early possession. The Owner has the authority to <br /> accept or reject requests for progress payments that have been submitted by the Contractor and <br /> recommended by the Owner's Representative. The Owner has the authority to make determinations of <br /> the acceptability of the Work. The Owner also has the authority to accept or reject the Owner's <br /> Representative's recommendations regarding retention of defective Work. <br /> 3.2. OWNER'S REPRESENTATIVE <br /> The Owner's Representative shall be satisfied that all the Work is being done in accordance with the <br /> requirements of the Contract. The Contract and Specifications give the Owner's Representative authority <br /> over the administration of the Contract. Whenever it is so provided in this Contract,the decision of the <br /> Owner's Representative shall be final. <br /> 00 72 00 - 8 GENERAL CONDITIONS I <br />
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