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CITY OF EVERETT SPECIAL PROVISIONS <br /> Generally, the City will have obtained, prior to bid opening, all rights of way and <br /> easements, both permanent and temporary, necessary for carrying out the Work. <br /> Exceptions to this are noted on the Plans. <br /> Whenever any of the Work is accomplished on or through property other than public <br /> right of way, the Contractor shall meet and fulfill all covenants and stipulations of any <br /> easement agreement obtained by the City from the owner of the private property. Copies <br /> of the easement agreements may be included in the Contract Documents or made <br /> available to the Contractor as soon as practical after they have been obtained by the <br /> Engineer. <br /> The Contractor shall not proceed with any portion of the Work in areas where right of <br /> way, easements or rights of entry have not been acquired until the Engineer certifies to <br /> the Contractor that the right of way or easement is available or that the right of entry has <br /> been received. If the Contractor is delayed due to acts of omission on the part of the <br /> City in obtaining easements, rights of entry or right of way, the Contractor will be entitled <br /> to an extension of time. The Contractor agrees that Delay resulting from City obtaining <br /> easement or right of entry or right of way shall not be a breach of Contract. I <br /> Each property owner shall be given 48 hours notice prior to entry by the Contractor. This <br /> includes entry onto easements and private property where private improvements must <br /> be adjusted. I <br /> The Contractor shall be responsible for providing, without expense or liability to the City, <br /> any additional land and access thereto that the Contractor may desire for temporary <br /> construction facilities, storage of materials, or other Contractor needs. However, before <br /> using any private property, whether adjoining the Work or not, the Contractor shall file <br /> with the Engineer a written permission of the private property owner, and, upon vacating <br /> the premises, a written release from the property owner of each property disturbed or <br /> otherwise interfered with by reasons of construction pursued under this Contract. The <br /> statement shall be signed by the private property owner, or proper authority acting for <br /> the owner of the private property affected, stating that permission has been granted to <br /> use the property and all necessary permits have been obtained or, in the case of a <br /> release, that the restoration of the property has been satisfactorily accomplished. The <br /> statement shall include the parcel number, address, and date of signature. Written <br /> releases shall be filed with the Engineer before the Completion Date will be established. <br /> 1-07.27 No Waiver of State's Legal Rights <br /> Delete 1-07.27 and substitute the following: , <br /> 1-07.27 No Waiver of City's Legal Rights <br /> (******) <br /> The City shall not be precluded or estopped by any measurement, estimate, or certificate ' <br /> made either before or after the completion and acceptance of the Work and payment therefor <br /> from showing the true amount and character of the Work performed and materials furnished <br /> by the Contractor, or from showing that any such measurement, estimate, or certificate is <br /> untrue or incorrectly made, or that the Work or materials do not conform in fact to the <br /> Contract. The City shall not be precluded or estopped, notwithstanding any such <br /> measurement, estimate, or certificate, and payment in accordance therewith, from recovering <br /> from the Contractor and the Sureties such damages as it may sustain by reason of the <br /> Contractor's failure to comply with the terms of the Contract. Neither the acceptance by the <br /> Engineer nor any payment for the whole or any part of the Work, nor any extension of time, <br /> nor any possession taken by the City shall operate as a waiver of any portion of the Contract <br /> or of any power herein reserved or any right to damages herein provided, or bar recovery of <br /> any money wrongfully or erroneously paid to the Contractor. A waiver of any breach of the <br /> Contract shall not be held to be a waiver of any other or subsequent breach. <br /> Watermain Replacement "U" Division 1 —GENERAL REQUIREMENTS October 1, 2019 <br /> WO No—UP3698 SP—90 <br /> I <br />