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5 <br /> STELLAR J <br /> April 3, 2009 <br /> City of Everett <br /> Water Filtration Plant <br /> 6133 Lake Chaplain Rd. <br /> Sultan, WA. 98294 <br /> Attn: John McClellan <br /> Re: Clarification of Change Order No. 4, Paragraph 4. <br /> John: <br /> Stellar J submits the same clarification to Change Order No. 4 as we included <br /> with Change Order No. 1, Change Order No. 2, and Change Order No. 3. <br /> Stellar J questions the clarity of Change Order No. 4, Paragraph 4 concerning <br /> waiver and release of claims; specifically to "...and all work and actual or constructive <br /> changes that occurred or began prior to the date of this Change Order." The City is <br /> reluctant to add specific language to clarify this item in the Change Order. Stellar J has <br /> made Notice of Claim for negative schedule impacts caused by direction to revise the <br /> sequencing of construction as submitted in the initial construction schedule. Also a <br /> claim for Impacts due to Unforeseen Subsurface Conditions - Migrating Water is <br /> pending. Recently we made Change Order Requests for added construction joints on <br /> the CFDS and conflict in piping layout for the 72" Bypass and 30" BW lines, which the <br /> City has denied. We will make claim for these two issues also. These claims began <br /> prior to this date and are not related to the work as described in Change Order No. 4. <br /> This letter is to clarify that Stellar J specifically does not waive any rights to <br /> pursue these claims for adjustment, by signing Change Order No. 4. With this <br /> understanding we return Change Order No. 4 signed. If the City disagrees with this <br /> understanding, please notify Stellar J, prior to accepting the Change Order No.4. <br /> Res.- fully, <br /> Timothy .Starbuck <br /> Project Manager <br /> Cc: Jack Baker <br /> Tim McRoberts <br /> Bob Kinghorn <br /> 1363 Down River Drive • Woodland, WA 98674 <br /> 5 3 (360) 225-7996 • (360) 225-8007 Fax <br />