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CITY OF EVERETT SPECIAL PROVISIONS <br />Greely St. Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS January 2026 <br />WO No. UP3817 SP – 100 <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 /> <br />1-08 PROSECUTION AND PROGRESS <br />Supplement Section 1-08 by adding the following: <br />1-08.0 Preliminary Matters <br />1-08.0(1) Preconstruction Conference <br />Prior to the Contractor beginning the Work, a preconstruction conference will be held <br />between the Contractor, the Engineer and such other interested parties as may be <br />invited. The purpose of the preconstruction conference will be: <br />1. To review the initial progress schedule; <br />2. To establish a working understanding among the various parties associated or <br />affected by the Work; <br />3. To establish and review, at a minimum, procedures for progress payment, <br />notifications, approvals, and submittals; <br />4. To establish normal working hours for the Work; <br />5. To review safety standards and traffic control; and <br />6. To discuss such other related items as may be pertinent to the Work. <br />The Contractor shall prepare and submit at the preconstruction meeting the following: <br />1. A Schedule of Values of all lump sum items; <br />2. A preliminary schedule of working drawing submittals; and <br />3. A list of material sources for approval if applicable. <br />1-08.0(2) Hours of Work <br />Except in the case of emergency or unless otherwise required by 1-07.23(1) or otherwise <br />noted and approved by the City within these Special Provisions, the normal straight time <br />working hours for the Contract shall be any consecutive 8-hour period between 7:00 <br />a.m. and 6:00 p.m. of a working day with a maximum 1-hour lunch break and a 5-day