Interwest Construction Inc. 7/22/2020

I CITY OF EVERETT SPECIAL PROVISIONS [Modified per Addendum #1] The Contractor shall not proceed with any portion of the Work in areas where right of way, easements or rights of entry have not been acquired until the Engineer certifies to the Contractor that the right of way or easement is available or that the right of entry has been received. If the Contractor is delayed due to acts of omission on the part of the City in obtaining easements, rights of entry or right of way, the Contractor will be entitled to an extension of time. The Contractor agrees that Delay resulting from City obtaining easement or right of entry or right of way shall not be a breach of Contract. ' Each property owner shall be given 48 hours notice prior to entry by the Contractor. This includes entry onto easements and private property where private improvements must be adjusted. The Contractor shall be responsible for providing, without expense or liability to the City, any additional land and access thereto that the Contractor may desire for temporary construction facilities, storage of materials, or other Contractor needs. However, before using any private property, whether adjoining the Work or not, the Contractor shall file with the Engineer a written permission of the private property owner, and, upon vacating the premises, a written release from the property owner of each property disturbed or otherwise interfered with by reasons of construction ' pursued under this Contract. The statement shall be signed by the private property owner, or proper authority acting for the owner of the private property affected, stating that permission has been granted to use the property and all necessary permits have been obtained or, in the case of a release, that the restoration of the property has been satisfactorily accomplished. The statement shall include the parcel number, address, and date of signature. Written releases shall be filed with the Engineer before the Completion Date will be established. 1-07.27 No Waiver of State's Legal Rights Delete 1-07.27 and substitute the following: 1-07.27 No Waiver of City's Legal Rights (******) ' The City shall not be precluded or estopped by any measurement, estimate, or certificate made either before or after the completion and acceptance of the Work and payment therefor from showing the true amount and character of the Work performed and materials ' furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or that the Work or materials do not conform in fact to the Contract. The City shall not be precluded or estopped, notwithstanding any such measurement, estimate, or certificate, and payment in accordance therewith, from ' recovering from the Contractor and the Sureties such damages as it may sustain by reason of the Contractor's failure to comply with the terms of the Contract. Neither the acceptance by the Engineer nor any payment for the whole or any part of the Work, nor any extension of time, nor any possession taken by the City shall operate as a waiver of any portion of the Contract or of any power herein reserved or any right to damages herein provided, or bar recovery of any money wrongfully or erroneously paid to the Contractor. A waiver of any ' breach of the Contract shall not be held to be a waiver of any other or subsequent breach. The Contractor and the City recognize that the impact of overcharges to the City by the Contractor resulting from antitrust law violations by the Contractor's suppliers or ' Subcontractors adversely affects the City rather than the Contractor. Therefore, the Contractor agrees to assign to the City all claims for such overcharges. Sewer 0 WO No—UP3691 Division 1 —GENERAL REQUIREMENTS Addendum No. 1 SP—97 May 2020