Rodarte Construction Inc Everett Station Parking Expansion

I I1 A certificate of completion for the Work, signed by the City, will constitute acceptance of the 2 Work. The issuance of this certificate of completion will not constitute acceptance of I 3 unauthorized or defective Work or material. 4 5 The Contractor agrees that neither completion nor final acceptance shall relieve the I 6 7 Contractor of the responsibility to indemnify, defend, and protect the City against any claim or loss resulting from the failure of the Contractor (or the Subcontractors or lower tier 8 Subcontractors) to pay all laborers, mechanics, Subcontractors, material persons, or any 9 other person who provides labor, supplies, or provisions for carrying out the Work or for any I 10 payments required for unemployment compensation under Title 50 RCW or for industrial 11 insurance and medical aid required under Title 51 RCW. 12 I 13 14 Failure of the Contractor to perform all of the Contractor's obligations under the Contract shall not bar the City from unilaterally certifying the Contract complete so the Engineer may 15 calculate a final Contract price as provided in Section 1-09.9. I 16 17 1-05.13 Superintendents, Labor, and Equipment of Contractor 18 Revise the seventh paragraph of Section 1-05.13 to read: 19 I20 Whenever the Contracting Agency evaluates the Contractor's qualifications pursuant to 21 Section 1-02.1, it will take these performance reports into account. 22 I 23 1-05.14 Cooperation With Other Contractors 24 Section 1-05.14 is supplemented by adding the following: 25 I 26 27 Nothing in the Contract shall be interpreted as granting to the Contractor exclusive occupancy of the Project area. The Contractor must ascertain to its own satisfaction the 28 scope of the Project and the nature of any other Contracts that have been or may be I29 awarded by the City in the construction of the Project, or to the end that the Contractor may 30 perform this Contract in the light of such other Contracts, if any. 31 32 The Contractor shall not cause any unnecessary hindrance or delay to any others working I 33 on this or any other Project. If the performance of any Contract for the Project is likely to be 34 interfered with by the simultaneous performance of some other Contract or Contracts, the 35 Engineer will decide which Contractor shall cease Work temporarily and which Contractor I 36 37 shall continue, or whether the Work under the Contracts can be coordinated so that the Contractors may proceed simultaneously. On all questions concerning conflicting interest 38 of Contractors performing related Work, the decision of the Engineer shall be binding upon 39 all Contractors concerned and the City, the Engineer, the City's Representative, and their I 40 consultants shall not be responsible for any damages suffered or extra costs incurred by 41 the Contractor resulting directly or indirectly from the Award or performance or attempted 42 performance of any other Contract or Contracts on the Project or caused by a decision or I 43 omission of the Engineer respecting the order of precedence in the performance of the 44 Contracts. 45 I 46 47 If, through acts of neglect on the part of the Contractor, any others suffer loss or damage on the Work, the Contractor agrees to resolve such loss or damage fairly and expeditiously. If 48 such other shall assert any claim against the City, the Engineer, the City's Representative, I49 or their consultants on account of any damage alleged to have been so sustained, the City 50 shall notify the Contractor, who shall hold harmless, indemnify, and defend the City, 51 Engineer, the City's Representative, and their consultants, and each of their directors, I City of Everett Page SP1-29 Special Provisions Everett Station 80 Stall Parking Expansion June 2019