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Shearer and Associates Inc 3/9/2020
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Shearer and Associates Inc 3/9/2020
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Last modified
5/13/2020 11:56:52 AM
Creation date
5/13/2020 11:55:11 AM
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Contracts
Contractor's Name
Shearer and Associates Inc
Approval Date
3/9/2020
Council Approval Date
2/12/2020
Department
Public Works
Department Project Manager
Richard Hefti
Subject / Project Title
WFP East Clearwell Roof Replacement
Public Works WO Number
UP3662
Tracking Number
0002306
Total Compensation
$3,368,386.91
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
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Article 2 <br /> Contract Documents <br /> The Contract Documents are comprised of the following documents,which are incorporated herein <br /> by this reference: <br /> 2.1 All written modifications, amendments and change orders to this Contract issued in accordance <br /> with the General Conditions of Contract; <br /> 2.2 This Contract, including all exhibits and attachments, executed by Owner and Design-Builder; <br /> 2.3 The Supplementary Conditions of Contract, including without limitation the Owner's Project Criteria; <br /> 2.4 The General Conditions of Contract; <br /> 2.5 Owner's Request for Qualifications, its Request for Proposals, and its Request for Best and Final <br /> Proposals, and Addenda thereto, if any; <br /> 2.6 Construction Documents prepared and approved in accordance with Section 2.4 of the General <br /> Conditions of Contract. <br /> Article 3 <br /> Interpretation and Intent <br /> 3.1 Design-Builder and Owner, prior to execution of the Contract, shall carefully review all the Contract <br /> Documents, including the Owner's Project Criteria for any conflicts or ambiguities. Design-Builder and <br /> Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Contract. <br /> 3.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations <br /> required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract <br /> Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with <br /> words and phrases interpreted in a manner consistent with construction and design industry standards. In <br /> the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are <br /> discovered after execution of the Contract, Design-Builder and Owner shall attempt to resolve any <br /> ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take <br /> precedence in the order in which they are listed in Article 2 hereof. <br /> 3.3 Terms,words and phrases used in the Contract Documents, including this Contract, shall have the <br /> meanings given them in the General Conditions of Contract. <br /> 3.4 Reserved. <br /> 3.5 The Contract Documents form the entire agreement between Owner and Design-Builder and by <br /> incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or <br /> other agreements have been made by the parties except as specifically stated in the Contract Documents. <br /> 3.6 In the event of an ambiguity in the Contract Documents,the parties shall be deemed to have jointly <br /> authored them, and as such, nothing shall be construed against or in favor of one party based on its being <br /> deemed the sole author. <br /> City of Everett—Contract Page 2 <br /> Between Owner and Design Builder—Lump Sum <br /> East Clearwell Roof Replacement Project <br />
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