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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 2 Div 1 – GEN REQUIREMENTS October 2025 <br />Work Order No. UP 3814 SP-101 <br />Category 2: Sensitive information <br />Category 2: For official use only / disclosure permissible by law. <br />Each property owner shall be given 48 hours’ notice prior to entry by the Contractor. This <br />includes entry onto easements and private property where private improvements must <br />be adjusted. <br />The Contractor shall be responsible for providing, without expense or liability to the City, <br />any additional land and access thereto that the Contractor may desire for temporary <br />construction facilities, storage of materials, or other Contractor needs. However, before <br />using any private property, whether adjoining the Work or not, the Contractor shall file <br />with the Engineer a written permission of the private property owner, and, upon vacating <br />the premises, a written release from the property owner of each property disturbed or <br />otherwise interfered with by reasons of construction pursued under this Contract. The <br />statement shall be signed by the private property owner, or proper authority acting for <br />the owner of the private property affected, stating that permission has been granted to <br />use the property and all necessary permits have been obtained or, in the case of a <br />release, that the restoration of the property has been satisfactorily accomplished. The <br />statement shall include the parcel number, address, and date of signature. Written <br />releases shall be filed with the Engineer before the Completion Date will be established. <br />1-07.27 No Waiver of State’s Legal Rights <br />Delete 1-07.27 and substitute the following: <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 />1-07.28 Railroads <br />Section 1-07.28 is supplemented with the following: <br />(October 3, 2022 WSDOT GSP) <br />The Contracting Agency has or will enter into an agreement with the Railroad Company <br />as specified in these provisions as contained in Appendix F. <br />1-07.28(6) Railroad Protective Services <br />Section 1-07.28(6) is supplemented with the following: <br />(October 3, 2022 WSDOT GSP)