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Thomco Construction Inc. 6/14/2021
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Thomco Construction Inc. 6/14/2021
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Last modified
6/23/2022 10:53:29 AM
Creation date
6/18/2021 10:03:52 AM
Metadata
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Template:
Contracts
Contractor's Name
Thomco Construction Inc.
Approval Date
6/14/2021
Council Approval Date
5/19/2021
Department
Public Works
Department Project Manager
Amie Roshak
Subject / Project Title
Water Main Replacement V
Public Works WO Number
UP3730
Tracking Number
0002953
Total Compensation
$1,924,004.26
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
Document Relationships
Thomco Construction Inc. 6/22/2022 Change Order 1
(Contract)
Path:
\Documents\City Clerk\Contracts\Capital Contract
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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> Supplement 1-09.11 by adding the following: <br /> 1-09.11(4) COVID-19 Contract Claims: Baseline COVID-19 Requirements I <br /> Contractor shall in no event be entitled to assert a Contract Claim for increase to the <br /> Contract Sum for any direct or indirect costs (including without limitation Delay, <br /> cumulative impact, inefficiency or ripple costs) incurred by the Contractor to comply <br /> with the Baseline COVID-19 Requirements or any COVID-19 Requirements applicable <br /> to the Work after Bid opening that are equal to or less stringent than the Baseline <br /> COVID-19 Requirements. <br /> The Contractor shall be entitled to an extension of Contract Time for Delays to the <br /> extent caused by Baseline COVID-19 Requirements. Extension of Contract Time shall <br /> be determined pursuant to 1-08.8 EXTENSIONS OF TIME. This Contract Time <br /> 111 <br /> extension is the Contractor's sole remedy if the Contract Time in the Contract <br /> Documents is insufficient to complete the Work because of Baseline COVID-19 <br /> Requirements. <br /> All other Contract Claims regarding COVID-19 are governed by Section 1-09.11A(3)D1 <br /> CAUSED SOLELY BY THIRD PARTIES OR FORCE MAJEURE. For example, <br /> Contract Claims governed by Section 1-09.11A(3)D1 include without limitation <br /> • Contract Claims regarding COVID-19 Requirements applicable to the Work at <br /> any time after Bid opening that are more stringent than Baseline COVID-19 <br /> Requirements <br /> • Contract Claims relating to unavailable or delayed labor, materials, equipment111 <br /> or subcontractors to the extent caused by COVID-19. <br /> Supplement Section 1-09 by adding the following: I <br /> 1-09.11 A Remedies <br /> (******) <br /> 1-09.11 A(1) General <br /> If a Contract Claim has merit in whole or in part, then Contractor's sole remedies shall <br /> be those provided in this subsection. Contractor shall timely and strictly comply with the <br /> requirements of 1-04.5 NOTICE BY THE CONTRACTOR and 1-09.11(2) CONTRACT <br /> CLAIMS and all other Contract Documents relating to the Contract Claim. Adjustments <br /> to Contract Time shall be determined pursuant to 1-08.3 PROGRESS SCHEDULE and <br /> 1-08.8 EXTENSIONS OF TIME. Failure to comply strictly and timely shall be deemed <br /> a waiver of the Contract Claim. <br /> 1-09.11A(2) Extra Work <br /> 1-09.11A(2)A Adjustment of Contract Sum <br /> If the Contractor is entitled to an adjustment of Contract Sum because of Extra <br /> Work, the adjustment shall be calculated and paid as provided in 1-09.4 <br /> EQUITABLE ADJUSTMENT. This amount includes jobsite and home office <br /> Overheads for such Work, including any schedule delays relating to such Work. <br /> Therefore, no compensation in addition to that provided in 1-09.6 FORCE <br /> ACCOUNT shall be paid for such thing as Extended Overhead or other costs or ' <br /> damages. <br /> 1-09.11A(2)B Extension of Contract Time <br /> Extensions of Contract Time caused by Extra Work shall be determined as provided I <br /> in 1-08.3 PROGRESS SCHEDULE and 1-08.8 EXTENSIONS OF TIME. <br /> Water Main Replacement"V" Division 1 —GENERAL REQUIREMENTS April,2021 <br /> WO No—UP3730 SP—118 <br />
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