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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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4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall <br /> take the necessary measures required to ensure that the Hazardous Conditions are remediated or <br /> rendered harmless. Such necessary measures may include Owner retaining qualified independent <br /> experts to(i)ascertain whether Hazardous Conditions have actually been encountered,and, if they <br /> have been encountered, (ii) prescribe the remedial measures that Owner must take either to <br /> remove the Hazardous Conditions or render the Hazardous Conditions harmless. <br /> 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only <br /> after Owner provides it with written certification that (i) the Hazardous Conditions have been <br /> removed or rendered harmless and (ii) all necessary approvals have been obtained from all <br /> government and quasi-government entities having jurisdiction over the Project or Site. <br /> 4.1.4 Design-Builder will be entitled, in accordance with these General Conditions of Contract, <br /> to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design-Builder's cost <br /> and/or time of performance have been adversely impacted by the presence of Hazardous <br /> Conditions. Adjustment in Contract Time or compensation for delay will only be allowed for adverse <br /> impacts to the critical path. If Design-Builder seeks to have the Contract Price or the Contract <br /> Time, or both, adjusted due to any Hazardous Conditions, Design-Builder shall comply with the <br /> provisions of Section 9.1.3 (Design-Builder Request for Change Order) in addition to the <br /> requirements of this Article 4. If Design-Builder has complied with this Article 4 and Section 9.1.3 <br /> and Owner and Design-Builder cannot agree as to entitlement to or on the amount or extent, if any, <br /> of any adjustment in Contract Price or Contract Time, or both, as a result of such Work stoppage <br /> or such special conditions under which Work is agreed to be resumed by Design-Builder, the <br /> Design-Builder may make a Claim therefor as provided in Article 10. <br /> 4.1.5 Reserved. <br /> 4.1.6 Owner is not responsible for Hazardous Conditions introduced to the Site by Design- <br /> Builder, Subcontractors or anyone for whose acts they may be liable or responsible. To the fullest <br /> extent permitted by law, Design-Builder shall indemnify, defend and hold harmless Owner and <br /> Owner's officers, directors, employees and agents from and against all claims, losses, damages, <br /> liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from <br /> those Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone <br /> for whose acts they may be liable. <br /> 4.1.7 Training and Reporting <br /> 4.1.7.1 All workers onsite who are involved in demolition, construction, installation or <br /> excavation activities must have current Asbestos Awareness Training,as required by WAC <br /> 296-62-07722(6). <br /> 4.1.7.2 Prior to bringing onsite any chemicals listed in 6 CFR part 27,Appendix A,the <br /> Contractor shall submit for itself and for all Subcontractors a completed "Contractor <br /> Declaration and Reporting Form for Department of Homeland Security — Chemicals of <br /> Interest." <br /> 4.1.8 General Requirements When Contractor Performs Hazardous Conditions Abatement <br /> 4.1.8.1 SUPERVISORY AUTHORITY: Design-Builder assumes all responsibilities <br /> and shall perform all required work under applicable regulations related to their supervisory <br /> authority over Subcontractors and personnel performing work related to hazardous <br /> materials. <br /> 4.1.8.2 ACCESS RESTRICTIONS: Work described in the Contract Documents <br /> includes restriction of access to work areas during hazardous materials activities. Access <br /> to various work areas by the general public, Subcontractors, and other individuals will not <br /> be possible during certain hazardous materials work sequences, as specified in the <br /> Contract Documents. Design-Builder shall coordinate the Work to facilitate access by <br /> East Clearwell Project General Conditions of Contract Page 11 <br />
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