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CITY OF EVERETT SPECIAL PROVISIONS <br /> temporary construction facilities, storage of materials, or other Contractor needs. <br /> However, before using any private property, whether adjoining the Work or not, the <br /> Contractor shall file with the Engineer a written permission of the private property <br /> owner, and, upon vacating the premises, a written release from the property owner of <br /> each property disturbed or otherwise interfered with by reasons of construction <br /> pursued under this Contract. The statement shall be signed by the private property <br /> owner, or proper authority acting for the owner of the private property affected, stating <br /> that permission has been granted to use the property and all necessary permits have <br /> been obtained or, in the case of a release, that the restoration of the property has been <br /> satisfactorily accomplished. The statement shall include the parcel number, address, <br /> and date of signature. Written releases shall be filed with the Engineer before the <br /> 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 materials <br /> furnished by the Contractor, or from showing that any such measurement, estimate, or <br /> certificate is untrue or incorrectly made, or that the Work or materials do not conform in fact <br /> to the Contract. The City shall not be precluded or estopped, notwithstanding any such <br /> measurement, estimate, or certificate, and payment in accordance therewith, from <br /> recovering from the Contractor and the Sureties such damages as it may sustain by reason <br /> of the Contractor's failure to comply with the terms of the Contract. Neither the acceptance <br /> by the Engineer nor any payment for the whole or any part of the Work, nor any extension <br /> of time, nor any possession taken by the City shall operate as a waiver of any portion of the <br /> Contract or of any power herein reserved or any right to damages herein provided, or bar <br /> recovery of any money wrongfully or erroneously paid to the Contractor. A waiver of any <br /> breach of the Contract shall not be 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 /> 1-08 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 /> Water Main Replacement R Division 1 —GENERAL REQUIREMENTS March 1, 2017 <br /> WO No—UP3646 SP—83 <br />