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Walsh Construction Company II LLC 6/7/2021
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Walsh Construction Company II LLC 6/7/2021
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Entry Properties
Last modified
8/24/2023 3:53:32 PM
Creation date
6/10/2021 3:42:47 PM
Metadata
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Template:
Contracts
Contractor's Name
Walsh Construction Company II LLC
Approval Date
6/7/2021
Council Approval Date
4/21/2021
Department
Public Works
Department Project Manager
Souheil Nasr
Subject / Project Title
Replacement of Reservoir 2
Public Works WO Number
UP3658
Tracking Number
0002940
Total Compensation
$0.00
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
Document Relationships
Walsh Construction II, LLC 8/24/2023 Change Order 3
(Contract)
Path:
\Documents\City Clerk\Contracts\Capital Contract\Capital Construction Contracts and Change Orders
Walsh Construction II, LLC 8/7/2023 Change Order 2
(Contract)
Path:
\Documents\City Clerk\Contracts\Capital Contract\Capital Construction Contracts and Change Orders
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ARTICLE 10 NOTICE TO OWNER <br /> 10.1 When Notice Must Be Given <br /> A. The Contractor shall immediately give Notice to the Owner or Owner's Representative as <br /> provided in this section and elsewhere in the General Conditions and Specifications <br /> whenever: <br /> 1. The Contractor disagrees with any requirement, direction, interpretation or <br /> determination by the Owner or Owner's Representative; <br /> 2. The Contractor knows, or should with the reasonable exercise of ordinary care know, <br /> of a differing site condition as provided in ARTICLE 11. DIFFERING SITE CONDITIONS; <br /> 3. The Contractor knows, or should with the reasonable exercise of ordinary care know, <br /> of any Delay or an event that may cause a Delay; <br /> 4. The Contractor believes, or with the reasonable exercise of ordinary care should <br /> believe, it is entitled to an adjustment of Contract Sum or Time, even if the total or <br /> exact amount or impact cannot yet be determined; <br /> 5. The Contractor believes it is required or directed to perform work that is outside the <br /> scope of the Contract Documents; or <br /> 6. An event occurs, or fails to occur, that the Contractor believes, or should reasonably <br /> foresee, may result in a Contract Claim; <br /> B. Timely and adequate Notice is a condition precedent to a Contract Claim. <br /> C. Requests for extensions of Contract Time must be made and will be evaluated in <br /> accordance with 5.2C. Extensions of Contract Time. <br /> D. Irrespective of any request for additional compensation or Contract Time or any Contract <br /> Claim that work is extra and not part of the original scope of Work, the Contractor shall <br /> proceed expeditiously and promptly with the work as the Owner orders. <br /> E. Failing to follow procedures. <br /> 1. If the Contractor fails to follow the procedures of this Contract, including failing to give <br /> Notice, the Contractor completely waives such Contract Claim. <br /> 2. In its sole discretion,the Owner may waive strict compliance with procedures, but any <br /> such waiver of one or more items or elements does not waive the necessity for <br /> Contractor's strict compliance with any other item or element, nor shall such waiver <br /> be admissible in any legal proceeding for any reason. <br /> 10.2 Form of Notice <br /> A. 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, <br /> including dates, times, and locations; <br /> 2. A preliminary list of persons of involved in such event; <br /> Replacement of Reservoir 2 General Conditions <br /> WO# UP3658 00 72 13 - 60 <br />
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