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 – 88 1-07.24 Rights of Way Delete1-07.24 and substitute the following: Street right of way lines, limits of easements, and limits of construction permits are indicated on the Plans. The Contractor’s construction activities shall be confined within these limits, unless arrangements for use of private property are made. Generally, the City will have obtained, prior to bid opening, all rights of way and easements, both permanent and temporary, necessary for carrying out the Work. Exceptions to this are noted on the Plans. Whenever any of the Work is accomplished on or through property other than public right of way, the Contractor shall meet and fulfill all covenants and stipulations of any easement agreement obtained by the City from the owner of the private property. Copies of the easement agreements may be included in the Contract Documents or made available to the Contractor as soon as practical after they have been obtained by the Engineer. The Contractor shall not proceed with any portion of the Work in areas where right of way, easements or rights of entry have not been acquired until the Engineer certifies to the Contractor that the right of way or easement is available or that the right of entry has been received. If the Contractor is delayed due to acts of omission on the part of the City in obtaining easements, rights of entry or right of way, the Contractor will be entitled to an extension of time. The Contractor agrees that Delay resulting from City obtaining easement or right of entry or right of way shall not be a breach of Contract. Each property owner shall be given 48 hours notice prior to entry by the Contractor. This includes entry onto easements and private property where private improvements must be adjusted. The Contractor shall be responsible for providing, without expense or liability to the City, any additional land and access thereto that the Contractor may desire for temporary construction facilities, storage of materials, or other Contractor needs. However, before using any private property, whether adjoining the Work or not, the Contractor shall file with the Engineer a written permission of the private property owner, and, upon vacating the premises, a written release from the property owner of each property disturbed or otherwise interfered with by reasons of construction pursued under this Contract. The statement shall be signed by the private property owner, or proper authority acting for the owner of the private property affected, stating that permission has been granted to use the property and all necessary permits have been obtained or, in the case of a release, that the restoration of the property has been satisfactorily accomplished. The statement shall include the parcel number, address, and date of signature. Written releases shall be filed with the Engineer before the Completion Date will be established. 1-07.27 No Waiver of State’s Legal Rights Delete 1-07.27 and substitute the following: 1-07.27 No Waiver of City’s Legal Rights (******) The City shall not be precluded or estopped by any measurement, estimate, or certificate made either before or after the completion and acceptance of the Work and payment therefor from showing the true amount and character of the Work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or that the Work or materials do not conform in fact to the Contract. The City shall not be precluded or estopped,