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CITY OF EVERETT SPECIAL PROVISIONS <br />3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 <br />WO No – UP3775 SP – 66 <br /> <br />Supplement Section 1-05 by adding the following new subsections: <br />1-05.16 Water and Power <br />(******) <br />The Contractor shall make necessary arrangements, and shall bear the costs for power and <br />water necessary for the performance of the Work, unless the Contract includes power and <br />water as a pay item. <br />Contractor shall pay all power and water costs until Substantial Completion, whether such <br />power or water is provided by temporary or permanent facilities. City shall not be liable for <br />any costs or Delays arising out of or caused by the availability or lack of availability of <br />permanent power or utilities. <br />1-05.17 Oral Agreements <br />(******) <br />No oral agreement, representation or conversation with or by any officer, agent, or employee <br />of the City, either before or after execution of the Contract, shall affect or modify any of the <br />terms or obligations contained in any of the documents comprising the Contract. Such oral <br />agreement, representation or conversation shall be considered as unofficial information and <br />in no way binding upon the City, unless subsequently put in writing and signed by the City. <br />1-05.18 Contractor <br />(******) <br />1-05.18(1) Contractor's Representative <br />The Contractor shall notify the City in writing of the name of the person who will act as <br />the Contractor's representative, will have the authority to act in matter relating to this <br />Contract, and will be delegated with authority to act as the Contractor’s emergency <br />contact. This person shall have authority to carry out the provisions of the Contract and <br />to supply materials, Equipment, tools and labor without delay for the performance of the <br />Work. <br />Contractor shall employ and keep on site on a full time basis personnel experienced in <br />the management of construction of projects of this size and type. These shall include, <br />but not be limited to, a project manager and superintendent. Unless the City agrees <br />otherwise in writing, neither the Contractor’s project manager nor the superintendent <br />shall have supervisory responsibility for other projects for the Contractor while assigned <br />to this Project. Contractor shall employ and assign such additional, full time office, <br />support and engineering personnel to support the project manager and superintendent <br />and allow timely completion of the Project. The project manager and superintendent <br />shall be approved by the City, and such approval shall not be unreasonably withheld. <br />Contractor shall submit personnel qualifications within seven (7) days of Contractor’s <br />execution of the Contract. Basis for disapproval include, but are not limited to, lack of <br />sufficient experience managing the construction of similar type or size projects or <br />relationships on other projects unsatisfactory to the City or, if the Project is subject to <br />supplemental bidder responsibility criteria and such criteria contain personnel <br />qualifications, the personnel differ from those named by Bidder in its pre-Award <br />supplemental bidder responsibility criteria submittals. City may require removal and <br />replacement of Contractor’s supervisory staff who are disruptive or who appear to lack <br />sufficient competence to complete the Project successfully. <br />1-05.18(2) Construction Procedures <br />The Contractor shall supervise and direct the Work and determine the means, methods, <br />techniques, sequences and procedures of construction, except in those instances where