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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 78 <br />tier subcontractors, to pay all laborers, mechanics, Subcontractors, material persons, or <br />any other person who provides labor, supplies, or provisions for carrying out the Work <br />or for any payments required for unemployment compensation under Title 50 RCW or <br />for industrial insurance and medical aid required under Title 51 RCW. <br />Failure of the Contractor to perform all of the Contractor's obligations under the Contract <br />shall not bar the City from unilaterally certifying the Contract complete so the Engineer <br />may calculate a final contract price as provided in 1-09.9 PAYMENTS. <br />1-05.13 Superintendents, Labor and Equipment of Contractor <br />Delete 1-05.13. <br />1-05.14 Cooperation With Other Contractors <br />Delete all of 1-05.14 and substitute the following: <br />Nothing in the Contract shall be interpreted as granting to the Contractor exclusive <br />occupancy of the Project area. The Contractor shall ascertain to its own satisfaction the <br />scope of the Project and the nature of any other contracts that have been or may be <br />awarded by the City in the construction of the Project, or to the end that the Contractor <br />may perform this Contract in the light of such other contracts, if any. <br />The Contractor shall not cause unnecessary hindrance or Delay to others working on <br />this or other projects. If the performance of a contract for the Project is likely to be <br />interfered with by the simultaneous performance of some other contract or contracts, the <br />Engineer will decide which Contractor shall cease Work temporarily and which <br />Contractor shall continue, or whether the Work under the contracts can be coordinated <br />so that the contractors may proceed simultaneously. On all questions concerning <br />conflicting interest of contractors performing related Work, the decision of the Engineer <br />shall be binding upon all contractors concerned and the City, the Engineer, the City's <br />Representative, and their consultants shall not be responsible for any damages suffered <br />or extra costs incurred by the Contractor resulting directly or indirectly from the Award or <br />performance or attempted performance of any other contract or contracts on the Project <br />or caused by a decision or omission of the Engineer respecting the order of precedence <br />in the performance of the contracts. <br />If, through acts of neglect on the part of the Contractor, any others suffer loss or damage <br />on the Work, the Contractor agrees to resolve such loss or damage fairly and <br />expeditiously. If such other shall assert any claim against the City, the Engineer, the <br />City's Representative, or their consultants on account of any damage alleged to have <br />been so sustained, the City shall notify the Contractor, who shall hold harmless, <br />indemnify, and defend the City, Engineer, the City's Representative, and their <br />consultants, and each of their directors, officers, employees, and agents against any <br />such claim, including all attorney's fees and any other costs incurred by the indemnified <br />parties relative to any such claim. <br />The Contractor shall coordinate its work with other contractors and utility companies that <br />may have facilities in the Project area and cooperate with them. The Contractor shall <br />also coordinate its activities with the City; and no water mains, individual water services, <br />street, or private driveways may be closed off without a minimum of five working days <br />notice to the City and the private property owner. Should the property owner or the City <br />have adequate reason, as determined by the Engineer, to avoid access or water service <br />shutoff at the scheduled time, the Contractor shall reschedule its work to meet the new <br />condition. <br />Final grading to subgrade and subgrade preparation in those areas disturbed by the <br />utilities companies shall be the responsibility of the Contractor and included in the street <br />construction and no additional compensation will be paid.