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I <br /> CITY OF EVERETT SPECIAL PROVISIONS , <br /> 1-07.27 No Waiver of State's Legal Rights <br /> Delete 1-07.27 and substitute the following: I <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, the111 <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 /> 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 approved by the City, the normal <br /> straight time working hours for the Contract shall be any consecutive 8-hour period <br /> between 7:00 a.m. and 6:00 p.m. of a working day with a maximum 1-hour lunch break <br /> and a 5-day work week. Should Contractor elect to work on a holiday or weekend, <br /> Water Main Replacement"S" Division 1 —GENERAL REQUIREMENTS January 29, 2018 111 <br /> WO No—UP3664 SP—88 <br />