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Absher/Stellar J Joint Venture 12/8/2025
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Absher/Stellar J Joint Venture 12/8/2025
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Last modified
12/9/2025 10:47:19 AM
Creation date
12/9/2025 8:30:57 AM
Metadata
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Template:
Contracts
Contractor's Name
Absher/Stellar J Joint Venture
Approval Date
12/8/2025
Council Approval Date
11/19/2025
Department
Public Works
Department Project Manager
Zach Brown
Subject / Project Title
Port Gardner Storage Facility – Facility Construction Package Vol 1-5
Tracking Number
0005035
Total Compensation
$104,860,670.13
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
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City of Everett 00 72 00 - 49 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 49 GENERAL CONDITIONS <br />hereby certifies that the Contract Claim for an adjustment to the Contract Sum and/or <br />Contract Time, if any, made herein for Work on this Contract is a true and complete <br />statement of the factual basis of the Contract Claim and all actual costs incurred and time <br />sought, and is fully documented and supported under the Contract between the parties. <br />Date________________________________/s/ _______________________ <br />Subscribed and sworn before me this ____________ day of _______ <br />Notary Public <br />My Commission Expires: ___________________________________________ <br />12.3 FALSE OR OMITTED INFORMATION <br />The Contractor waives each Contract Claim for which it presents material information that it knows, or in <br />the exercise of reasonable care should know, is false, or omits or fails to disclose material information <br />relating to such Contract Claim. In such case, Contractor shall reimburse the Owner for any and all fees <br />and expenses incurred in investigating any such Contract Claim. <br />12.4 REMEDIES <br />12.4.1 General <br />If a Contract Claim has merit in whole or in part, then Contractor’s sole remedies shall be those provided <br />in this subsection. Contractor must timely and strictly comply with the requirements of 10. NOTICE TO <br />OWNER, 11. DIFFERING SITE CONDITIONS, 12. CONTRACT CLAIMS and all other General <br />Conditions relating to the Contract Claim. Adjustments to Contract Time shall be determined pursuant to <br />5.2.2.2 Extensions of Contract Time. Failure to comply strictly and timely shall be deemed a waiver of <br />the Contract Claim. <br />12.4.2 Extra Work <br />12.4.2.1 Adjustment of Contract Sum <br />If the Contractor is entitled to an adjustment of Contract Sum because of Extra Work, the adjustment shall <br />be calculated and paid as provided in 9.5. ADJUSTMENT OF CONTRACT SUM. This amount <br />includes jobsite and home office Overheads for such Work, including any schedule delays relating to such <br />Work. Therefore, no compensation in addition to that provided in 9.6. FORCE ACCOUNT shall be <br />paid for such things as extended Overhead or other costs or damages. <br />12.4.2.2 Extension of Contract Time <br />Extensions of Contract Time caused by Extra Work shall be determined as provided in 5.2.2.2 <br />Extensions of Contract Time. <br />12.4.3 Delays <br />12.4.3. Owner Caused Delay Unrelated to Extra Work <br />12.4.3.1.1 Adjustment of Contract Sum <br />If the Contractor is entitled to an adjustment of Contract Sum because of a Delay solely caused by the <br />Owner that does not relate to Extra Work, Contractor shall only be compensated for the items below, <br />less all funds paid pursuant to any change in the Contract Sum that contributed to the Delay: <br />1. Documented, incurred cost of nonproductive field supervision or labor extended because of the <br />Delay; <br />2. Documented, incurred cost of home office supervision to attend jobsite meetings; <br />3. Documented, incurred cost of temporary facilities or equipment rental extended because of the <br />Delay;
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