Blue Mountain Construction Group, LLC 11/19/2024

CITY OF EVERETT SPECIAL PROVISIONS 3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 WO No – UP3775 SP – 80 The City’s costs to enforce recovery of these amounts are additive to the amounts owing. The Contractor specifically assumes all potential liability for actions brought by employees of the Contractor and, solely for the purpose of enforcing the defense and indemnification obligations set forth in 1-07.14, the Contractor specifically waives any immunity granted under the State industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The Contractor shall similarly require that each Subcontractor it retains in connection with the project comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all liability for actions brought by employees of the Subcontractor. The indemnity, defense and other obligations in this 1-07.14 are in addition to any indemnity, defense or other obligation that may be contained elsewhere in the Contract Documents. 1-07.17 Utilities and Similar Facilities Supplement 1-07.17 by adding the following: The Contractor shall review its responsibilities under Chapter 19.122 RCW, a law relating to underground utilities. Cost to the Contractor incurred as a result of complying with this law shall be at the Contractor's expense. In accordance with RCW 19.122, the Contractor shall call the Utility Coordinating Council One Call Center, 1-800-424- 5555, for field location, not less than 2 nor more than 10 business days before the scheduled date for commencement of excavation that may affect underground utility facilities, unless otherwise agreed upon by the parties involved. A business day is defined as any day other than Saturday, Sunday, or a legal local, State, or Federal holiday. The Contractor shall be responsible for determining the exact location, including service connections, of all public and private underground utilities marked at the site of the Work. The Contractor shall perform field verification prior to beginning Work that could result in damage to buried utilities, including but not limited to exploratory excavations, in sufficient time so as not to impede the progress of the Work or fabrication of materials to be incorporated into the Work. The Contractor shall immediately notify the City’s Representative as to any utility discovered by him in a different position than shown on the Plans or that is not shown on the Plans. No excavation shall begin until all known underground public and private utilities in the vicinity of the excavation area have been located and marked. Utilities of record are shown on the Plans insofar as it is possible to do so. Failure of the City to show the existence of subsurface objects or installation on the Plans shall not relieve the Contractor from its responsibility to make an independent check on the ground, nor relieve Contractor from all liability for damages resulting from its operations. It shall be entirely the responsibility of the Contractor to give proper notification to the agencies that have utilities in place and to coordinate with these agencies in the protection and relocation of the various underground installations. These agencies will give assistance in the location of the various utilities, but this shall not relieve the Contractor from responsibility for any damage incurred. The City shall require a notification of at least five working days. The Contractor shall hold the City harmless against any claim of any nature resulting from Delays in attending to same. Following are addresses and telephone numbers of utilities in the Everett area for the Contractor's convenience as of December 15, 2022: