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Diverse Earthworks, Inc 9/16/2024
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Diverse Earthworks, Inc 9/16/2024
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Last modified
4/25/2025 1:32:48 PM
Creation date
9/16/2024 10:52:32 AM
Metadata
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Template:
Contracts
Contractor's Name
Diverse Earthworks, Inc
Approval Date
9/16/2024
Council Approval Date
9/11/2024
Department
Public Works
Department Project Manager
Laura Claywell
Subject / Project Title
WEST MARINE VIEW DRIVE/ALVERSON AND 41ST ST/GRAND AVE PEDESTRIAN IMPROVEMENTS
Public Works WO Number
3630
Tracking Number
0004512
Total Compensation
$519,436.93
Contract Type
Capital Contract
Contract Subtype
Capital Construction Contracts and Change Orders
Retention Period
10 Years Then Transfer to State Archivist
Imported from EPIC
No
Document Relationships
Diverse Earthworks, Inc 4/24/2025 Change Order 1
(Contract)
Path:
\Documents\City Clerk\Contracts\Capital Contract\Capital Construction Contracts and Change Orders
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CITY OF EVERETT WEST MARINE VIEW DRIVE/ALVERSON AND 41 ST ST/GRAND AVE <br />PEDESTRIAN IMPROVEMENTS <br />STATE FUND# HLP-PB15(032) <br />WO #3630 July 25, 2024 <br />47 <br />1 mutually agreed by the parties that when claims or causes of action which the Contractor <br />2 asserts against the Contracting Agency arising from the Contract are filed with the <br />3 Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency <br />4 to have timely access to all records deemed necessary by the Contracting Agency to assist <br />5 in evaluating the claims or action. <br />6 <br />7 1-09.13(3)A.RTF <br />8 1-09.13(3)A Arbitration General <br />9 (January 19, 2022 APWA GSP) <br />10 <br />11 Revise the third paragraph to read: <br />12 <br />13 The Contracting Agency and the Contractor mutually agree to be bound by the decision of <br />14 the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in <br />15 the Superior Court of the county in which the Contracting Agencys headquarters is located, <br />16 provided that where claims subject to arbitration are asserted against a county, RCW <br />17 36.01.050 shall control venue and jurisdiction of the Superior Court. The decision of the <br />18 arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall use <br />19 the Contract as a basis for decisions. <br />20 <br />21 1-09.13(4).RTF <br />22 1-09.13(4) Venue for Litigation <br />23 (December 30, 2022 APWA GSP) <br />24 <br />25 Revise this section to read: <br />26 <br />27 Litigation shall be brought in the Superior Court of the county in which the Contracting <br />28 Agencys headquarters is located, provided that where claims are asserted against a <br />29 county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. It is <br />30 mutually agreed by the parties that when litigation occurs, the Contractor shall permit the <br />31 Contracting Agency to have timely access to all records deemed necessary by the <br />32 Contracting Agency to assist in evaluating the claims or action. <br />33 <br />34 1-10.GR1 <br />35 Temporary Traffic Control <br />36 <br />37 1-10.2.GR1 <br />38 Traffic Control Management <br />39 <br />40 1-10.2(1).GR1 <br />41 General <br />42 <br />43 1-10.2(1).INST1.GR1 <br />44 Section 1-10.2(1) is supplemented with the following: <br />45 <br />46 1-10.2(1).OPT1.GR1 <br />47 (October 3, 2022) <br />48 The Traffic Control Supervisor shall be certified by one of the following: <br />49 <br />50 The Northwest Laborers-Employers Training Trust <br />51 27055 Ohio Ave. <br />52 Kingston, WA 98346
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