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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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7.4 Interest. Payments due and unpaid by Owner to Design-Builder, whether progress payments or <br /> final payment, shall bear interest as specified by RCW 39.76. <br /> 7.5 Record Keeping and Finance Controls. With respect to changes in the Work performed on a <br /> cost basis by Design-Builder pursuant to the Contract Documents, Design-Builder shall keep full and <br /> detailed accounts and exercise such controls as may be necessary for proper financial management,using <br /> accounting and control systems in accordance with generally accepted accounting principles and as may <br /> be provided in the Contract Documents. During the performance of the Work and for a period of three <br /> years after Final Payment, Owner and Owner's accountants shall be afforded access to, and the right to <br /> audit from time to time,upon reasonable notice, Design-Builder's records,books,correspondence,receipts, <br /> subcontracts, purchase orders, vouchers, memoranda and other data relating to changes in the Work <br /> performed on a cost basis in accordance with the Contract Documents, all of which Design-Builder shall <br /> preserve for a period of three years after Final Payment. Such inspection shall take place at Design- <br /> Builder's offices during normal business hours unless another location and time is agreed to by the parties. <br /> Any multipliers or markups agreed to by the Owner and Design-Builder as part of this Contract are only <br /> subject to audit to confirm that such multiplier or markup has been charged in accordance with this Contract, <br /> but the composition of such multiplier or markup is not subject to audit. <br /> Article 8 <br /> Termination for Convenience <br /> 8.1 In addition to Owner's other termination rights in the General Conditions to Contract, Owner may <br /> terminate the Contract for convenience. Upon ten days' written notice to Design-Builder, Owner may, for <br /> its convenience and without cause, elect to terminate this Contract or any portion of this Contract. If Owner <br /> terminates the Work or any portion thereof for convenience, Design-Builder shall (subject to the limitation <br /> set forth in 8.3 below) be entitled to be paid that portion of the Contract Price that corresponds to the <br /> percentage of completion of Work in accordance with the Contract Documents, plus the reasonable <br /> administrative costs of the termination, but shall not be entitled to any other costs or damages whatsoever <br /> (including without limitation fee or profit on terminated Work). <br /> 8.2 The total sum to be paid to Design-Builder under this Article 8 shall not exceed the Contract Price <br /> as reduced by the amount of payments otherwise made,the price of Work not terminated,and as otherwise <br /> permitted by this Contract. The amounts payable to Design-Builder shall exclude the fair value of property <br /> not under Owner's control which is destroyed, lost, stolen or damaged so as to become undeliverable to <br /> Owner. <br /> 8.3 Any claim, request for equitable adjustment or other demand for extra compensation or time <br /> extension by Design-Builder arising from or related to acts, events, occurrences or omissions prior to the <br /> effective date of the convenience termination shall continue to be subject to and resolved in accordance <br /> with the rules (contractual or legal, express or implied) in effect prior to the termination. The convenience <br /> termination will not convert this Contract into a cost reimbursement contract. <br /> City of Everett-Contract Page 9 <br /> Between Owner and Design Builder-Lump Sum <br /> East Clearwell Roof Replacement Project <br />
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