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16 <br /> STELLAR .J <br /> October 28, 2010 <br /> City of Everett <br /> Water Filtration Plant <br /> 6133 Lake Chaplain Rd. <br /> Sultan,WA. 98294 <br /> Attn: Jack Baker ' <br /> Re: Lake Chaplain Recovered Water Outfall Improvements #UP3347 <br /> Clarification of Change Order No. 1, Paragraph 3. <br /> Jack: <br /> Stellar J submits this clarification to Change Order No. 1. Stellar J questions the <br /> clarity of Change Order No. 1, Paragraph 4 concerning waiver and release of claims; <br /> specifically to "...and all work and actual or constructive changes that occurred or <br /> began prior to the date of this Change Order." The City is reluctant to add specific <br /> language to clarify this item in the Change Order. <br /> This letter is to clarify that Stellar J specifically does not waive any rights to <br /> pursue equitable adjustment for any prior Owner directed work, acknowledged by the <br /> Contractor and not currently specified in this change order,by signing Change Order <br /> No. 1. Specific issues outstanding are: <br /> 1. Overexcavation for anchor blocks on the levee embankment. <br /> 2. Additional concrete at anchor blocks. <br /> 3. Additional painting on Steel pipe. <br /> With this understanding we return Change Order No. 1 signed. If the City <br /> disagrees with this understanding, please notify Stellar J, prior to accepting the Change <br /> Order No. 1. <br /> Respectfully, <br /> Jeff Carlsen <br /> Project Manager <br /> Cc: Tim Starbuck <br /> Les Kenney <br /> 1363 Down River Drive • Woodland, WA 98674 <br /> (360) 225-7996 4. (360) 225-8007 Fax <br /> 170 <br />