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Finalized Contract Agreement Packet
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2024-09-03 10:00 AM - Commissioners' Agenda
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Finalized Contract Agreement Packet
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Last modified
10/8/2024 12:50:20 PM
Creation date
10/8/2024 12:48:44 PM
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Meeting
Date
9/3/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Contract with Belsaas & Smith Construction for the Lower Valley Transfer Station
Order
11
Placement
Consent Agenda
Row ID
121755
Type
Contract
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15.L2 ADD the following new clause: <br />.1 Any claim of the Contractor against the Owner for damages, additional payment <br />for any reason, or extension of time, whether under the Contract or otherwise, <br />shall be conclusively deemed to have been waived by the Contractor unless a <br />timely written claim therefor is made pursuant to and in strict accordance with the <br />applicable provisions of the Contract, or, if no such provision is applicable, unless <br />such claim is set forth in detail in writing and received by the Owner within ten <br />(10) days after the facts upon which such claim is based become known or should <br />have become known to the Contractor. No act, omission, or knowledge, actual or <br />constructive, of the Owner or the Architect shall in any way be deemed to be a <br />waiver of the requirement for timely written notice unless the Owner provides the <br />Contractor with an explicit, unequivocal written waiver of timely notice. <br />Add Subparagraph 75.L.4.L as follows: <br />15.L.4.L Final Payment to Contractor <br />Acceptance of final payment by the Contractor shall constitute a waiver of Claims as <br />described in Subparagraph 9.10.4. <br />Add Subparagraph 75.t.4.2 as follows: <br />L5.1.4.2 Change Orders <br />The execution of a Change Order shall constitute a waiver of Claims by the Contractor <br />arising out of the Work to be performed or deleted pursuant to the Change Order, <br />except as specifically described in the Change Order. General reservations of rights will <br />be deemed waived and void. <br />CLAIMS FOR ADDITIONAL TIME: ADD the following to Paragraph L5.1.5.2: <br />Source of the weather data to be used in documenting weather delays will be NOAA <br />(National Oceanic and Atmospheric Administration). <br />L5.2.2lNSERT the phrase "in writing" in the first sentence to read as follows: <br />The initial decision maker will review Claims and within ten days of the receipt of the claim <br />take one or more of the following actions in writing: <br />L5.2.4lNSERT the phrase "in writing" in the first sentence to read as follows: lf the initial <br />design maker requests a party in writing to provide a written response to a Claim or to <br />furnish additional supporting data, such party shall respond, within ten days after receipt <br />of such request, and shall either (1) provide a written response on the requested <br />supporting data, (2) advise the initial decision maker in writing when the response or <br />supporting data will be furnished or (3) advise the initial decision maker that no <br />supporting date will be furnished. Upon receipt of the response or supporting data in <br />writing, if any, the initial decision maker will recommend to the Owner whether to reject <br />or approve the Claim in whole or in part. <br />L5.2.7 REVISE the last sentence to read as follows: "lf the claim relates to a possibility of a <br />contractor's default, the Owner shall notify the surety and request the surety's assistance in <br />resolving the controversy." <br />Kittitas County - Lower Valley <br />Transfer Station <br />Supplementary General <br />Conditions of the Contract <br />June 18, 2024 <br />22 of 24
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