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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 - 40 <br /> 2021 Biosolids and Backwash Solids Removal UT 3752-1 / 20 <br /> 5. A release has been obtained from the Washington State Department of Labor&Industries and the <br /> Washington State Employment Security Department; and <br /> 6. All claims, as provided by law, filed against the retainage have been resolved. In the event claims <br /> are filed and provided the conditions one through five are met, the Contractor will be paid the <br /> retained percentage less an amount sufficient to pay any such claims together with a sum <br /> determined by the Owner sufficient to pay the cost of claims and attorney's fees. <br /> 7. All other conditions required by law are satisfied. <br /> 10. NOTICE TO OWNER <br /> 10.1 WHEN NOTICE MUST BE GIVEN <br /> Whenever <br /> 1. The Contractor disagrees with any requirement, direction, interpretation or determination by the <br /> Owner or Owner's Representative; <br /> 2. The Contractor knows, or should with the reasonable exercise of ordinary care know,of a <br /> differing site condition as provided in 11.DIFFERING SITE CONDITIONS; <br /> 3. The Contractor knows, or should with the reasonable exercise of ordinary care know, of any <br /> Delay or an event that may cause a Delay; <br /> 4. The Contractor believes, or with the reasonable exercise of ordinary care should believe, it is <br /> entitled to an adjustment of Contract Sum or Time, even if the total or exact amount or impact <br /> cannot yet be determined; <br /> 5. The Contractor believes it is required or directed to perform work that is outside the scope of the <br /> Contract Documents; or <br /> 6. An event occurs, or fails to occur,that the Contractor believes, or should reasonably foresee, may <br /> result in a Contract Claim; <br /> the Contractor shall immediately give Notice to the Owner or Owner's Representative as provided in this <br /> section and elsewhere in the General Conditions and Specifications. <br /> Timely and adequate Notice is a condition precedent to a Contract Claim. <br /> Requests for extensions of Contract Time must be made and will be evaluated in accordance with 5.2.2.2 <br /> Extensions of Contract Time. <br /> Irrespective of any request for additional compensation or Contract Time or any Contract Claim that work <br /> is extra and not part of the original scope of Work,the Contractor shall proceed expeditiously and <br /> promptly with the work as the Owner orders. <br /> If the Contractor fails to follow the procedures of this Contract, including failing to give Notice, the <br /> Contractor completely waives such Contract Claim. In its sole discretion, the Owner may waive strict <br /> compliance with procedures,but any such waiver of one or more items or elements does not waive the <br /> necessity for Contractor's strict compliance with any other item or element, nor shall such waiver be <br /> admissible in any legal proceeding for any reason. <br /> 10.2 FORM OF NOTICE <br /> The Notice must include the following minimum information: <br /> 1. A complete and accurate description of the event or events giving rise to the Notice, including <br /> dates, times, and locations; <br /> 2. A preliminary list of persons of involved in such event; <br /> 00 7200 - 40 GENERAL CONDITIONS <br />
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