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Public Restroom Comnpany 6/28/2023
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Public Restroom Comnpany 6/28/2023
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Last modified
6/28/2023 9:45:10 AM
Creation date
6/28/2023 9:44:17 AM
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Contracts
Contractor's Name
Public Restroom Comnpany
Approval Date
6/28/2023
Council Approval Date
5/10/2023
Department
Procurement
Department Project Manager
Theresa Bauccio-Teschlog
Subject / Project Title
EMB Public Restroom
Tracking Number
0003795
Total Compensation
$383,993.89
Contract Type
Agreement
Contract Subtype
Sales Agreements (not Real Property)
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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5 of 6 <br />This warranty applies only if all work performed by Company has been fully paid for, including change <br />orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of <br />building product. <br />The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or <br />implied, including those of merchantability and fitness. <br />There are no warranties which extend beyond those described on the face of this Warranty. The <br />foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner. <br />Term of Offer to Sell and Owner/General Contractor Acceptance: <br />This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable <br />duration imposed within the Owner’s bid documents. Acceptance is by approving our post bid <br />preliminary notice to begin drawings subject to final Owner/General Contractor approval of our <br />submittals and receipt of a contract or a purchase order/contract. <br />Special Notice of Possible Project Cost Increases as a Result of Late Payments: <br />In the event of delayed or late payment, PRC shall have the right to remedies including late charges, <br />overall project total cost increases, and other damages as allowed by applicable law. The contract price <br />quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the <br />agreed billing schedule of PRC. In the event of non-payment, PRC will provide a 5 day written notice to <br />cure and if payment is still not received, the discounted price for the payment due may increase, to an <br />undetermined amount, to cover work stoppage, remobilization, cancellation of materials and <br />subsequent restocking charges, resale of the contracted building to another party, storage fees, <br />additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the <br />project, as allowed by law. Interest if applicable to non-payment will be assessed at the maximum <br />amount allowed by law or 18% whichever is greater. <br />Termination <br />Upon Termination for any reason, Owner/General Contractor shall be liable for the cost of all work <br />performed up to the date of termination. Additionally, Owner/General Contractor shall pay for off-site <br />demolition and disposal of the partially or fully fabricated building as well as any non-returnable <br />materials which were custom-ordered to complete fabrication in PRC’s factory location. Any returned <br />materials are subject to return and restocking fees at the Owner/General Contractor expense. <br />Venue for Contract Jurisdiction: <br />Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal <br />jurisdiction for this contract offer and acceptance shall be Snohomish County, Washington. In the <br />event of your default, PRC shall be entitled to the full amount due including reasonable attorney fees, <br />costs, storage, expenses of physical recovery, and statutory interest, as allowed by law. <br />EMB Public Restroom - City of Everett, WA| 6/20/2023| Reference # 11543A-4/2/2023-4 <br />2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448
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