Interwest Construction Inc 2/8/2019

CITY OF EVERETT SPECIAL PROVISIONS 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. 1-07.28 Community Project Liaison (CPL) Section 1-07.28 is added as follows: The Contractor will provide a full-time 'construction liaison" (Community Project Liaison, CPL) primarily responsible for addressing the needs of residents, institutions, schools, businesses etc. within and adjacent to the project area or as may otherwise be affected by the construction activities. The CPL will interface with the City of Everett, and, in particular, the inspector and construction manager. The CPL's role is intended to provide a single, responsive point of contact for the public so as to minimize the involvement of the City staff in addressing issues that can readily be resolved directly by the Contractor The CPL shall be readily accessible by telephone or in person during normal business hours and during all hours of work throughout the duration of the project. The CPL will be responsible for communicating to the City, any project information intended for the general neighborhood area, media or outside agencies. Examples of Construction Contractor and CPL responsibilities and interaction include, but ' are not limited to, the following: • CPL shall provide timely and regular communications with the City, residents, business/institution owners, and managers and any other persons affected by the construction to inform them of the status of scheduled work activities as needed. • If a complaint, question or issue should arise from the public (a resident, motorist, business owner etc.). that requires action by the Cleveland Avenue Project construction team, the CPL shall communicate that information to the Construction Manager and otherwise interface as needed between the public and the contractor to assure that the issue is resolved promptly. • CPL and the City's inspector and construction manager shall attempt to contact or otherwise meet with each individual business/institution owner or manager and affected residents to identify specific concerns in advance of construction and to promptly address specific needs during construction. • City, in coordination with the CPL. shall provide notices of impending temporary closures of streets, alleys or driveways that are otherwise used for access to parking Cleveland Avenue Division 1 —GENERAL REQUIREMENTS November 2018 Sewer System Replacement and Storm Water Separation WO No. UP3398 SP-110 '