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McClure and Sons Inc. 9/28/2017
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McClure and Sons Inc. 9/28/2017
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Last modified
9/4/2018 10:09:34 AM
Creation date
9/11/2017 10:12:34 AM
Metadata
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Template:
Contracts
Contractor's Name
McClure and Sons Inc.
Approval Date
9/28/2017
Council Approval Date
8/23/2017
Department
Public Works
Department Project Manager
Richard Hefti
Subject / Project Title
Three Lakes Bypass
Public Works WO Number
UP3611
Tracking Number
0000810
Total Compensation
$1,217,490.34
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
Document Relationships
McClure and Sons Inc. 4/28/2018 Change Order 1
(Contract)
Path:
\Documents\City Clerk\Contracts\Capital Contract
McClure and Sons Inc. 8/22/2018 Change Order 2
(Contract)
Path:
\Documents\City Clerk\Contracts\Capital Contract
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CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> ' 13.2 Continuing the Work <br /> A. Contractor shall carry on the Work and adhere to the schedule during all disputes or <br /> ' disagreements with Owner. No Work shall be delayed or postponed pending resolution of <br /> Disputes or disagreements, except as permitted by paragraph 15.04 or as Owner and Contractor <br /> may otherwise agree in writing. <br /> ' ARTICLE 14 TIME LIMITATIONS AND JURISDICTION <br /> 14.1 General <br /> ' A. The parties intend that all Claims and Disputes be dealt with promptly and expeditiously when <br /> they arise. The parties intend that all Claims and Disputes be resolved quickly and expeditiously <br /> and desire to avoid claims and Disputes that relate back to events or Work occurring months <br /> before. The parties desire to avoid litigation and the costs and expense of Claims and Disputes at <br /> the end of the Project. <br /> B. Any Contract Claim for adjustment of Contract Sum or Contract Time, or any Dispute or <br /> ' Contract Claim of any kind whatsoever, must be submitted, if at all, to the Owner or Owner's <br /> Representative no later than 30 days after Notice was first required to be given by the Contractor <br /> as provided in ARTICLE 10. NOTICE TO OWNER. Failure to submit a Contract Claim <br /> ' within the 30 days of the date Notice was required pursuant to ARTICLE 10. NOTICE TO <br /> OWNER constitutes a complete waiver of and bar to the Contract Claim, and Contractor is <br /> estopped from later asserting a Contract Claim or seeking any relief or remedy relating to the <br /> Dispute for which it failed to submit a Claim. <br /> C. Contractor may not sue, cross-claim, claim, or bring any action of any kind whatsoever against <br /> the Owner on any Contract Claim or Dispute after the expiration of 180 days from Physical <br /> Completion. <br /> ' D. Any alleged cause of action by Owner or Contractor as to any acts or failures to act occurring <br /> prior to Substantial Completion shall be deemed to have accrued in any and all events not later <br /> than such date of Substantial Completion. <br /> ARTICLE 15 LIABILITY AND INSURANCE <br /> ' 15.1 General <br /> A. Contractor bears all risk of loss, casualty or damage to installed Work prior to Final Acceptance, <br /> irrespective of whether the Owner has taken possession of the Project in whole or in part and <br /> ' notwithstanding the existence or availability of insurance or the insurance coverages required by <br /> the Contract Documents. <br /> 15.2 Bonds <br /> 111 A. Payment and Performance Bond <br /> 1. The Contractor shall provide a payment bond and a performance bond in the amount of 100 <br /> I percent of the Contract Sum in the fo,irequired by the Contract. <br /> Thi ��s bond shall serve as security for the faithful performance of the Work and as security for <br /> the faithful payment and satisfaction of the persons furnishing materials and performing <br /> labor on the Work. <br /> ' THREE LAKES VALVE BYPASS July 19, 2017 <br /> WO#UP3611 007213 -59 <br />
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