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Merrell Bros Inc. 2/1/2021
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Merrell Bros Inc. 2/1/2021
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Last modified
8/6/2021 10:54:13 AM
Creation date
2/3/2021 12:27:39 PM
Metadata
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Contracts
Contractor's Name
Merrell Bros Inc.
Approval Date
2/1/2021
Council Approval Date
1/27/2021
Department
Public Works
Department Project Manager
John Nottingham
Subject / Project Title
2021 Biosolids and Backwash Solids Removal
Public Works WO Number
UT3752-1/20
Tracking Number
0002758
Total Compensation
$1,038,792.30
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
Document Relationships
Merrell Bros Inc. 7/26/2021 Change Order 1
(Contract)
Path:
\Documents\City Clerk\Contracts\Capital Contract
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City of Everett 00 7200 - 21 <br /> 2021 Biosolids and Backwash Solids Removal UT 3752-1 / 20 <br /> Operations and maintenance costs of use of such Work will be borne by the Owner. Such possession and <br /> use shall not be deemed as acceptance of the Work. If such prior possession or use increases the cost of <br /> the Work,the Contractor may be entitled to request extra compensation by giving Notice and following <br /> the procedures of ARTICLE 10. NOTICE TO OWNER and ARTICLE 12. CONTRACT <br /> CLAIMS within five(5) days of each occurrence. The Contractor shall not submit a Contract Claim for <br /> possession by the Owner of portions of the Work specifically required in the Contract Documents to be <br /> placed into use or operation before completion of the entirety of the Work. <br /> 5.6. POSSESSION OF INCOMPLETE PORTIONS OF THE PROJECT <br /> Should the Contractor fail to meet any date specified for Substantial Completion of Work or any portion <br /> of work requiring early possession and use by the Owner,the Owner may, after a 10-day notice to the <br /> Contractor,take over such portion or any Work that is behind schedule. In such case, the Owner's <br /> Representative will prepare a list of incomplete Work taken over by the Owner. The cost of Owner's <br /> work will be charged to and deducted from amounts due to the Contractor. The Substantial Completion <br /> date of the entire or a portion of the Project will be established as the date when the Owner actually <br /> begins using the Project or portion of the Project for its intended purpose. Division of responsibilities <br /> between Owner and Contractor,beginning of warranties, and any other issues relating to Substantial <br /> Completion shall be as specified in 5.7. SUBSTANTIAL COMPLETION. <br /> 5.7. SUBSTANTIAL COMPLETION <br /> When the Contractor considers the Work to be Substantially Complete and ready for its intended use, it <br /> shall give Notice to the Owner's Representative. The Notice shall include an itemized list of remaining <br /> incomplete Work. If the Owner's Representative determine the Work is not substantially complete,the <br /> Contractor will be notified in writing, identifying the reasons for such a determination. If the Owner's <br /> Representatives find the Work substantially complete,he or she will meet with the Contractor to (1) <br /> prepare a Punch List of incomplete items of Work; (2) define the division of responsibility between <br /> Owner and Contractor with respect to security, operation, maintenance, heat,utilities, insurance, and <br /> warranties; and(3) describe any other issues related to acceptance of the substantially completed Work. <br /> If the Owner's Representative is not an employee of the Owner, the Owner's Representative will write to <br /> the Owner upon reaching agreement with the Contractor, certifying that the Work is substantially <br /> complete, listing the items of incomplete Work, stating the date for completion of incomplete Work, <br /> defining the division of responsibilities, and setting forth any other terms related to acceptance. In such <br /> event, the Owner will review the Owner's Representative's certification that the Work is substantially <br /> complete. If the Owner concurs,the Owner will notify the Contractor in writing that the Work is <br /> accepted as substantially complete. Except for any portion(s) of Work specified for early completion or <br /> required by the Owner for early possession, Substantial Completion will not occur for any Work until the <br /> entire Project is ready for possession and use. The acceptance notice will include a Punch List of <br /> incomplete Work items and corrective Work, set the date for their completion and repair, describe the <br /> division of responsibility between the Owner and Contractor, and describe any other terms of acceptance. <br /> The Contractor will acknowledge receipt of the acceptance notice in writing, indicating acceptance of all <br /> of its terms and provisions. <br /> Subsequent to the Substantial Completion date, the Owner may exclude the Contractor from the Work <br /> during such periods when construction activities might interfere with the intended operation of the <br /> Project. The Owner,however, shall allow the Contractor reasonable access for completion or correction <br /> of incomplete Punch List items. <br /> 5.8. ACCEPTANCE OF WORK <br /> Upon completion of the Project, including,but not limited to,record drawings, as-builts,required reports <br /> and operations and maintenance manuals, the Contractor shall so notify the Owner's Representative in <br /> writing. Upon receipt of the notification,the Owner's Representative will promptly,by personal <br /> inspection, determine the actual status of the Work in accordance with the terms of the Contract. If the <br /> 00 7200 - 21 GENERAL CONDITIONS <br />
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