2009/07/15 Council Agenda Packet

STELLAR .� --------- June 24, 2009 City of Everett Water Filtration Plant 6133 Lake Chaplain Rd. Sultan,WA. 98294 Attn: John McClellan Re: Clarification of Change Order No. 5, Paragraph 4. John: Stellar J submits the same clarification to Change Order No. 5 as we included with Change Order No. 1, Change Order No. 2, and Change Order No. 3, and Change Order No. 4. Stellar J questions the clarity of Change Order No. 5, Paragraph 4 concerning waiver and release of claims; specifically to"...and all work and actual or constructive changes that occurred or began prior to the date of this Change Order." The City is reluctant to add specific language to clarify this item in the Change Order. Stellar J has made Notice of Claim for negative schedule impacts caused by direction to revise the sequencing of construction as submitted in the initial construction schedule. Also a claim for Impacts due to Unforeseen Subsurface Conditions -Migrating Water has been sent to the City and is pending. Recently we made Change Order Requests for added construction joints on the CFDS and conflict in piping layout for the 72" Bypass and 30" BW lines, which the City has denied. We will make claim for these two issues also. These claims began prior to this date and are not related to the work as described in Change Order No. 5. This letter is to clarify that Stellar J specifically does not waive any rights to pursue these claims for adjustment, by signing Change Order No. 5. With this understanding we return Change Order No. 5 signed. If the City disagrees with this understanding, please notify Stellar J, prior to accepting the Change Order No. 5. Respec ully, Timothy " t.r•uck Project Manager Cc: Jack Baker Tim McRoberts Bob Kinghorn 1363 Down River Drive • Woodland, WA 98674 (360) 225-7996 • (360) 225-8007 Fax 12