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Stellar J Corporation 7/22/2020
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Stellar J Corporation 7/22/2020
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Last modified
6/11/2021 1:01:03 PM
Creation date
8/10/2020 11:29:43 AM
Metadata
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Contracts
Contractor's Name
Stellar J Corporation
Approval Date
7/22/2020
Council Approval Date
6/24/2020
Department
Public Works
Department Project Manager
John Nottingham
Subject / Project Title
2020 Trickling Media Filter Replacement
Public Works WO Number
UP3742-2
Tracking Number
0002378
Total Compensation
$1,093,059.00
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
Document Relationships
Capital Contract Change Order 1 Stellar J Corporation
(Contract)
Path:
\Documents\City Clerk\Contracts\Capital Contract
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City of Everett 00 7200 - 16 <br /> 2020 Trickling Filter Media Replacement UP 3742-2 <br /> price and achieving the Completion Dates, including,but not limited to,weather, Site access, labor <br /> conditions and the availability of materials, supplies and Equipment. Compliance with ARTICLE 10. <br /> NOTICE TO OWNER,ARTICLE 12. CONTRACT CLAIMS, and 5.2.2. Construction Schedule <br /> are conditions precedent to a request for, consideration of, and grant of, any extension of Contract Time. <br /> Failure to request a time extension in the manner and in the time required by this section, and the <br /> Specifications referred to herein, constitutes a waiver by the Contractor of any and all entitlement to an <br /> extension of time and any adjustment of Contract Sum arising out, or related to, such Delay. <br /> 5.2.2. Construction Schedule <br /> 5.2.2.1 General <br /> Contractor shall submit,update and maintain schedules as required by the Contract Documents. <br /> The Contractor shall provideequipment,P sufficient material, ui ment and labor to meet the interim milestones, <br /> Substantial Completion,Physical Completion and Completion Dates provided by the Contract <br /> Documents. The Owner allocates its resources to a Contract based on the total time allowed in the <br /> Contract. The Contractor may submit a schedule indicating Completion Date earlier than the end of <br /> Contract Time,but Owner cannot guarantee its resources will be available to meet such schedule. Owner <br /> shall not pay or be liable for any additional compensation if the Contractor is not able to meet a schedule <br /> that indicates a Completion Date earlier than the end of Contract Time. <br /> Failure to schedule Owner furnished or installed materials and Equipment for installation on or after its <br /> planned arrival pursuant to the Owner's contract with the supplier or failure to Notify the Owner of tasks <br /> dependent upon the fact or date of arrival of such Owner furnished materials and Equipment, constitute a <br /> waiver by Contractor of any Contract Claim arising out of or related to the timeliness of the furnishing or <br /> installation of such material and Equipment. All schedules must allow for timely incorporation of any <br /> other's work under separate contract with Owner and for timely incorporation of work provided and <br /> installed by Owner. Unless otherwise expressly authorized in writing by the Owner's Representative,the <br /> Contractor must integrate the schedules with the Schedule of Values and unit price items so that each <br /> construction activity is represented by a dollar value. <br /> Float in a Progress Schedule belongs to the Owner. <br /> Subcontractors shall review all schedules prior to submission to the Owner and Owner's Representative. <br /> At the Owner's option and sole discretion, Owner mayrequire Contractor to obtain written acceptance of <br /> P q P <br /> each schedule by Subcontractors as practical and feasible, as the schedule relates to Subcontractors' work. <br /> Contractor shall not schedule any activity with an unrealistic,unduly long, or unduly short duration. <br /> Contractor shall use its best efforts in good faith to set reasonable durations for all activities. Contractor <br /> shall not attempt to"grab the Float"or make any effort to use any Float in the Progress Schedule for the <br /> benefit of the Contractor. <br /> Contractor shall submit with each Application for Payment or progress pay estimate an updated Progress <br /> Schedule, but no less often than monthly. If requested by the Owner's Representative or the Owner, <br /> Contractor shall prepare and submit updated Progress Schedules from time to time,which may be more <br /> frequent than monthly. <br /> The Contractor hereby expressly agrees and acknowledges that any failure by Contractor to provide <br /> accurate, complete, current and updated schedules with each and every progress pay estimate or <br /> Application for Payment constitutes a waiver of any and all claims or requests for adjustment of Contract <br /> Sum or Time that arise out of, result from, or are caused by, any Delay on the Project or scheduling of the <br /> Work. Timely submission of monthly updated schedules is a condition precedent to any later or <br /> subsequent Contract Claim or request for an adjustment of either Contract Sum or Time related to or <br /> arising out of time, an alleged Delay, or the schedule or sequence of Work. Similarly,the parties agree <br /> the Owner may withhold progress pay estimates if updated schedules are not timely submitted. These <br /> remedies are cumulative and not exclusive of any other remedy. The Owner's use of one or more of these <br /> 00 7200 - 16 GENERAL CONDITIONS <br />
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