Laserfiche WebLink
CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 105 <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. <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 <br />therefor from showing the true amount and character of the Work performed and <br />materials furnished by the Contractor, or from showing that any such measurement, <br />estimate, or certificate is untrue or incorrectly made, or that the Work or materials do not <br />conform in fact to the Contract. The City shall not be precluded or estopped, <br />notwithstanding any such measurement, estimate, or certificate, and payment in <br />accordance therewith, from recovering from the Contractor and the Sureties such <br />damages as it may sustain by reason of the Contractor’s failure to comply with the terms <br />of the Contract. Neither the acceptance by the Engineer nor any payment for the whole <br />or any part of the Work, nor any extension of time, nor any possession taken by the City <br />shall operate as a waiver of any portion of the Contract or of any power herein reserved <br />or any right to damages herein provided, or bar recovery of any money wrongfully or <br />erroneously paid to the Contractor. A waiver of any breach of the Contract shall not be <br />held to be a waiver of any other or subsequent breach. <br />The Contractor and the City recognize that the impact of overcharges to the City by the <br />Contractor resulting from antitrust law violations by the Contractor’s suppliers or <br />Subcontractors adversely affects the City rather than the Contractor. Therefore, the <br />Contractor agrees to assign to the City all claims for such overcharges. <br /> <br />1-08 PROSECUTION AND PROGRESS <br />Supplement Section 1-08 by adding the following: <br />1-08.0 Preliminary Matters <br />1-08.0(1) Preconstruction Conference <br />Prior to the Contractor beginning the Work, a preconstruction conference will be held <br />between the Contractor, the Engineer and such other interested parties as may be <br />invited. The purpose of the preconstruction conference will be: <br />1. To review the initial progress schedule;