Faber Construction Corp 9/27/2016

I CITY OF EVERETT SPECIAL PROVISIONS shall be binding upon all contractors concerned and the City, the Engineer, the City's Representative, and their consultants shall not be responsible for any damages suffered or extra costs incurred by the Contractor resulting directly or indirectly from the Award or performance or attempted performance of any other contract or contracts on the Project or caused by a decision or omission of the Engineer respecting the order of precedence in the performance of the contracts. If, through acts of neglect on the part of the Contractor, any others suffer loss or damage on the Work, the Contractor agrees to resolve such loss or damage fairly and expeditiously. If such other shall assert any claim against the City, the Engineer, the City's Representative, or their consultants on account of any damage alleged to have been so sustained, the City shall notify the Contractor, who shall hold harmless, indemnify, and defend the City, Engineer, the City's Representative, and their consultants, and each of their directors, officers, employees, and agents against any such claim, including all attorney's fees and any other costs incurred by the indemnified parties relative to any such claim. The Contractor shall coordinate its work with other contractors and utility companies that may have facilities in the Project area and cooperate with them. He shall also coordinate its activities with the City; and no water mains, individual water services, street. or private driveways may be closed off without a minimum of five working days notice to the City and the private property owner. Should the property owner or the City have adequate reason, as determined by the Engineer, to avoid access or water service shutoff at the scheduled time, the Contractor shall reschedule its work to meet the new condition. Final grading to subgrade and subgrade preparation in those areas disturbed by the I utilities companies shall be the responsibility of the Contractor and included in the street construction and no additional compensation will be paid. The Contractor shall cooperate with the utility companies and their subcontractors and so conduct its operations that the necessary construction of their facilities can be accomplished to the mutual satisfaction of the City of Everett and the utility companies. Supplement Section 1-05 by adding the following new subsections: ' 1-05.16 Water and Power (******) The Contractor shall make necessary arrangements, and shall bear the costs for power , and water necessary for the performance of the Work, unless the Contract includes power and water as a pay item. Contractor shall pay all power and water costs until Substantial Completion, whether such I power or water is provided by temporary or permanent facilities. City shall not be liable for any costs or Delays arising out of or caused by the availability or lack of availability of permanent power or utilities. 1-05.17 Oral Agreements (******) No oral agreement or conversation with any officer, agent, or employee of the City, either I before or after execution of the Contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the Contract. Such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the City, unless subsequently put in writing and signed by the City. Water Main Replacement"Q" Division 1 —GENERAL CONDITIONS July 8, 2016 -Broadway WO No.—UP3612 SP-64 i