Earthworks Solutions, LLC 5/3/2024

CITY OF EVERETT SPECIAL PROVISIONS Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 Work Order No. UP 3814 SP-77 the City will establish the completion date and certify the Work as complete. The following shall occur before the completion date can be established: The Final Contract Voucher Certification shall be signed by the Contractor verifying agreement to the final contract price. The physical work on the Project shall be complete. The Contractor shall furnish all documentation required by the Contract and required by law, necessary to allow the City to certify the Contract as complete. A certificate of completion for the Work, signed by the City, will constitute acceptance of the Work. The issuance of this certificate of completion will not constitute acceptance of unauthorized or defective Work, Equipment, or materials. The Contractor agrees that neither completion nor final acceptance shall relieve the Contractor of the responsibility to indemnify, defend, and protect the City against any claim or loss resulting from the failure of the Contractor, or the Subcontractors or lower tier subcontractors, to pay all laborers, mechanics, Subcontractors, materialpersons, or any other person who provides labor, supplies, or provisions for carrying out the Work or for any payments required for unemployment compensation under Title 50 RCW or for industrial insurance and medical aid required under Title 51 RCW. Failure of the Contractor to perform all of the Contractor's obligations under the Contract shall not bar the City from unilaterally certifying the Contract complete so the Engineer may calculate a final contract price as provided in 1-09.9 PAYMENTS. 1-05.13 Superintendents, Labor and Equipment of Contractor Delete 1-05.13. 1-05.14 Cooperation With Other Contractors Delete all of 1-05.14 and substitute the following: Nothing in the Contract shall be interpreted as granting to the Contractor exclusive occupancy of the Project area. The Contractor shall ascertain to its own satisfaction the scope of the Project and the nature of any other contracts that have been or may be awarded by the City in the construction of the Project, or to the end that the Contractor may perform this Contract in the light of such other contracts, if any. The Contractor shall not cause unnecessary hindrance or Delay to others working on this or other projects. If the performance of a contract for the Project is likely to be interfered with by the simultaneous performance of some other contract or contracts, the Engineer will decide which Contractor shall cease Work temporarily and which Contractor shall continue, or whether the Work under the contracts can be coordinated so that the contractors may proceed simultaneously. On all questions concerning conflicting interest of contractors performing related Work, the decision of the Engineer shall be binding upon all contractors concerned and the City, the Engineer, the City's Representative, and their consultants shall not be responsible for any damages suffered or extra costs incurred by the Contractor resulting directly or indirectly from the Award or performance or attempted performance of any other contract or contracts on the Project or caused by a decision or omission of the Engineer respecting the order of precedence in the performance of the contracts. If, through acts of neglect on the part of the Contractor, any others suffer loss or damage on the Work, the Contractor agrees to resolve such loss or damage fairly and expeditiously. If such other shall assert any claim against the City, the Engineer, the City's Representative, or their consultants on account of any damage alleged to have been so sustained, the City shall notify the Contractor, who shall hold harmless, indemnify, and defend the City, Engineer, the City's Representative, and their consultants, and each of their directors, officers, employees, and agents against any such claim, including all attorney's fees and any other costs incurred by the indemnified parties relative to any such claim.