Interwest Construction Inc 8/9/2018

CITY OF EVERETT SPECIAL PROVISIONS 1-07.27 No Waiver of City's Legal Rights (******) The City shall not be precluded or estopped by any measurement, estimate, or certificate made either before or after the completion and acceptance of the Work and payment therefor from showing the true amount and character of the Work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or that the Work or materials do not conform in fact to the Contract. The City shall not be precluded or estopped, notwithstanding any such measurement, estimate, or certificate, and payment in accordance therewith, from recovering from the Contractor and the Sureties such damages as it may sustain by reason of the Contractor's failure to comply with the terms of the Contract. Neither the acceptance by the Engineer nor any payment for the whole or any part of the Work, nor any extension of time, nor any possession taken by the City shall operate as a waiver of any portion of the Contract or of any power herein reserved or any right to damages herein provided, or bar recovery of any money wrongfully or erroneously paid to the Contractor. A waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach. The Contractor and the City recognize that the impact of overcharges to the City by the Contractor resulting from antitrust law violations by the Contractor's suppliers or Subcontractors adversely affects the City rather than the Contractor. Therefore, the Contractor agrees to assign to the City all claims for such overcharges. 1-08 PROSECUTION AND PROGRESS Supplement Section 1-08 by adding the following: 1-08.0 Preliminary Matters 1-08.0(1) Preconstruction Conference Prior to the Contractor beginning the Work, a preconstruction conference will be held between the Contractor, the Engineer and such other interested parties as may be invited. The purpose of the preconstruction conference will be: 1. To review the initial progress schedule; 2. To establish a working understanding among the various parties associated or affected by the Work; 3. To establish and review, at a minimum, procedures for progress payment, notifications, approvals, and submittals; 4. To establish normal working hours for the Work; 5. To review safety standards and traffic control; and 6. To discuss such other related items as may be pertinent to the Work. The Contractor shall prepare and submit at the preconstruction meeting the following: 1. A Schedule of Values of all lump sum items; 2. A preliminary schedule of working drawing submittals; and 3. A list of material sources for approval if applicable. 1-08.0(2) Hours of Work Except in the case of emergency or unless otherwise approved by the City, the normal straight time working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m. and 6:00 p.m. of a working day with a maximum 1-hour lunch break and a 5-day work week. Should Contractor elect to work on a holiday or weekend, those normal working hours shall be from 9:00 a.m. to 6:00 p.m. The normal straight time 8- hour working period for the Contract shall be established at the preconstruction conference or prior to the Contractor commencing the Work. Wetmore Ave Stormwater Bypass Division 1 —GENERAL REQUIREMENTS August, 2018 WO No—UP3704 SP—1-87