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CITY OF EVERETT SPECIAL PROVISIONS <br />LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 <br />WO No – UP3529 SP – 97 <br />1-07.27 No Waiver of City’s Legal Rights <br />(******) <br />The City shall not be precluded or estopped by any measurement, estimate, or certificate <br />made either before or after the completion and acceptance of the Work and payment <br />therefor from showing the true amount and character of the Work performed and <br />materials furnished by the Contractor, or from showing that any such measurement, <br />estimate, or certificate is untrue or incorrectly made, or that the Work or materials do not <br />conform in fact to the Contract. The City shall not be precluded or estopped, <br />notwithstanding any such measurement, estimate, or certificate, and payment in <br />accordance therewith, from recovering from the Contractor and the Sureties such <br />damages as it may sustain by reason of the Contractor’s failure to comply with the terms <br />of the Contract. Neither the acceptance by the Engineer nor any payment for the whole <br />or any part of the Work, nor any extension of time, nor any possession taken by the City <br />shall operate as a waiver of any portion of the Contract or of any power herein reserved <br />or any right to damages herein provided, or bar recovery of any money wrongfully or <br />erroneously paid to the Contractor. A waiver of any breach of the Contract shall not be <br />held to be a waiver of any other or subsequent breach. <br />The Contractor and the City recognize that the impact of overcharges to the City by the <br />Contractor resulting from antitrust law violations by the Contractor’s suppliers or <br />Subcontractors adversely affects the City rather than the Contractor. Therefore, the <br />Contractor agrees to assign to the City all claims for such overcharges. <br />1-07.29 Community Project Liaison (CPL) <br />(******) <br />The Contractor will provide a full-time “construction liaison” (Community Project Liaison, <br />CPL) primarily responsible for addressing the needs of residents, institutions, schools, <br />businesses etc. within and adjacent to the project area or as may otherwise be affected by <br />the construction activities. The CPL will interface with the City of Everett, and, in particular, <br />the inspector and construction manager. The CPL’s role is intended to provide a single, <br />responsive point of contact for the public so as to minimize the involvement of the City staff <br />in addressing issues that can readily be resolved directly by the Contractor. The CPL shall <br />be readily accessible by telephone or in person during normal business hours and during all <br />hours of work throughout the duration of the project. The CPL will be responsible for <br />communicating to the City, any project information intended for the general neighborhood <br />area, media or outside agencies. <br />Examples of Construction Contractor and CPL responsibilities and interaction include, but <br />are not limited to, the following: <br />• CPL shall provide timely and regular communications with the City, residents, <br />business/institution owners, and managers and any other persons affected by the <br />construction to inform them of the status of scheduled work activities as needed. <br />• If a complaint, question or issue should arise from the public (a resident, motorist, <br />business owner etc.), that requires action by the Sewer O Utility Project construction <br />team, the CPL shall communicate that information to the Construction Manager and <br />otherwise interface as needed between the public and the contractor to assure that <br />the issue is resolved promptly. <br />• CPL and the City’s inspector and construction manager shall attempt to contact or <br />otherwise meet with each individual business/institution owner or manager and <br />affected residents to identify specific concerns in advance of construction and to