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CITY OF EVERETT SPECIAL PROVISIONS O ISIONS <br /> 1-04.1(3)C(2) Conflicting Provisions <br /> In the event an item of Work is described differently in two or more locations on the <br /> Plans, in the Specifications and Special Provisions, the Contractor shall, upon <br /> request of the City's Representative, submit in writing to the City's Representative <br /> the description upon which the Contractor relied in preparing its Bid or laying out the <br /> Work. <br /> 1-04.1(3)D Utilities <br /> 1-04.1(3)D(1) General <br /> The City has endeavored to determine the existence of public and private utilities at <br /> the site of the Work from the records of the owners of known utilities in the vicinity of <br /> the Work. The positions of these utilities as derived from such records are shown <br /> on the Plans. Unless otherwise noted, no excavations were made to verify the <br /> locations shown for underground utilities. The service connections to the gas, <br /> electric, cable TV and communication utilities are not shown on the Plans. Refer to <br /> 1-07.17 UTILITIES AND SIMILAR FACILITIES regarding Contractor's responsibility <br /> for locating and verifying underground public and private utilities. <br /> 1-04.1(3)D(2) Unknown/Incorrectly Marked Utilities <br /> When a utility interferes with the Work and is either (1) not identified on the Plans or <br /> (2) located in a position significantly different from that specified on the Plans or in <br /> accordance with a particular utility's standard depth and location, Contractor shall <br /> follow the procedures of 1-04.7 DIFFERING SITE CONDITIONS (CHANGED <br /> CONDITIONS). Interference with the Work is defined as a utility that crosses or <br /> projects into the plane of the Work at an elevation between the top and bottom of the <br /> Work. <br /> 1-04.1(4) City-Port Agreement <br /> (******) <br /> In addition to any other requirements in the Contract Documents, the Contractor <br /> shall execute the Work in accordance with the conditions, restrictions and <br /> requirements for the Work contained in the City-Port Agreement, including without <br /> limitation: <br /> (1) The Contractor's use of the Port of Everett property is limited to the <br /> License Area, as defined and depicted by Exhibit C to the City-Port <br /> Agreement. <br /> (2) The City-Port Agreement expires on the City-Port Agreement Expiration <br /> Date. The Contractor must achieve interim completion no later than the <br /> City-Port Agreement Expiration Date. <br /> (3) The Contractor must comply with the requirements contained in <br /> 1 Exhibit D (Stormwater Management Requirements) and Exhibit E <br /> (Construction Requirements) of the City-Port Agreement. <br /> The Contractor shall execute the Work in a manner so that the Work does not breach <br /> or otherwise cause non-compliance with any provision of the City-Port Agreement. <br /> If there is a conflict between a Contract Document and the conditions, restrictions <br /> and requirements for the Work in the City-Port Agreement, the Contractor shall <br /> provide written notice thereof to the City, and the City-Port Agreement shall govern <br /> unless the City determines otherwise in writing. <br /> POE Combined Sewer Main Imp. Division 1 —GENERAL REQUIREMENTS October 2021 <br /> Work Order#UP3768 SP 1-17 <br />