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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-36 <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. <br />The Contractor shall cooperate with the utility companies and their subcontractors and <br />so conduct its operations that the necessary construction of their facilities can be <br />accomplished to the mutual satisfaction of the City of Everett and the utility companies. <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 <br />employee of the City, either before or after execution of the Contract, shall affect or modify <br />any of the terms or obligations contained in any of the documents comprising the Contract. <br />Such oral agreement, representation or conversation shall be considered as unofficial <br />information and in no way binding upon the City, unless subsequently put in writing and <br />signed by the City.