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CITY OF EVERETT SPECIAL PROVISIONS <br /> conflicting interest of contractors performing related Work, the decision of the Engineer <br /> shall be binding upon all contractors concerned and the City, the Engineer, the City's <br /> Representative, and their consultants shall not be responsible for any damages suffered <br /> or extra costs incurred by the Contractor resulting directly or indirectly from the Award or <br /> performance or attempted performance of any other contract or contracts on the Project <br /> or caused by a decision or omission of the Engineer respecting the order of precedence <br /> in the performance of the contracts. <br /> If, through acts of neglect on the part of the Contractor, any others suffer loss or damage <br /> on the Work, the Contractor agrees to resolve such loss or damage fairly and <br /> expeditiously. If such other shall assert any claim against the City, the Engineer, the <br /> City's Representative, or their consultants on account of any damage alleged to have <br /> been so sustained, the City shall notify the Contractor, who shall hold harmless, <br /> indemnify, and defend the City, Engineer, the City's Representative, and their <br /> consultants, and each of their directors, officers, employees, and agents against any <br /> such claim, including all attorney's fees and any other costs incurred by the indemnified <br /> parties relative to any such claim. <br /> The Contractor shall coordinate its work with other contractors and utility companies that <br /> may have facilities in the Project area and cooperate with them. He shall also coordinate <br /> its activities with the City; and no water mains, individual water services, street, or private <br /> driveways may be closed off without a minimum of five working days notice to the City <br /> and the private property owner. Should the property owner or the City have adequate <br /> reason, as determined by the Engineer, to avoid access or water service shutoff at the <br /> scheduled time, the Contractor shall reschedule its work to meet the new condition. <br /> Final grading to subgrade and subgrade preparation in those areas disturbed by the <br /> utilities companies shall be the responsibility of the Contractor and included in the street <br /> construction and no additional compensation will be paid. <br /> The Contractor shall cooperate with the utility companies and their subcontractors and <br /> so conduct its operations that the necessary construction of their facilities can be <br /> accomplished to the mutual satisfaction of the City of Everett and the utility companies. <br /> Supplement Section 1-05 by adding the following new subsections: <br /> 1-05.16 Water and Power <br /> (******) <br /> The Contractor shall make necessary arrangements, and shall bear the costs for power and <br /> water necessary for the performance of the Work, unless the Contract includes power and <br /> water as a pay item. <br /> Contractor shall pay all power and water costs until Substantial Completion, whether such <br /> power or water is provided by temporary or permanent facilities. City shall not be liable for <br /> any costs or Delays arising out of or caused by the availability or lack of availability of <br /> permanent power or utilities. <br /> 1-05.17 Oral Agreements <br /> (******) <br /> No oral agreement or conversation with any officer, agent, or employee of the City, either <br /> before or after execution of the Contract, shall affect or modify any of the terms or obligations <br /> contained in any of the documents comprising the Contract. Such oral agreement or <br /> conversation shall be considered as unofficial information and in no way binding upon the <br /> City, unless subsequently put in writing and signed by the City. <br /> Wetmore Ave Stormwater Bypass Division 1 —GENERAL REQUIREMENTS August, 2018 <br /> WO No—UP3704 SP—1-66 <br />