Road Construction Northwest Inc 12/31/2019

CITY OF EVERETT V T S PECIAL PROVISIONS ' enforce such provisions. Provided, however, in the event a Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a ' result of the foregoing direction, the Contractor may request that the City or the United States to enter into such litigation to protect their respective interests. 1-07.14 Responsibility for Damage ' Delete 1-07.14 and replace with the following: The City, and all officers and employees of the City, including but not limited to those of the Public Works Department, will not be responsible in any manner: for any loss or damage that may happen to the Work or any part; for any loss of material or damage to any of the materials or other things used or employed in the performance of Work; for injury to or death of any persons, either workers or the public; or for damage to the public for any cause which might have been prevented by the Contractor, or the workers, or anyone employed by the Contractor. The Contractor shall be responsible for any liability imposed by law for injuries to, or the ' death of, any persons or damages to property resulting from any cause whatsoever during the performance of the Work, or before Final Acceptance. Subject to the limitations in this Section, and RCW 4.24.115, the Contractor shall indemnify, defend, and save harmless the City and all its officers and employees from all claims, suits, or actions brought for injuries to, or death of, any persons or damages resulting from construction of the Work or in consequence of any negligence or breach ' of Contract regarding the Work, the use of any improper materials in the Work, caused in whole or in part by any act or omission by the Contractor or the agents or employees of the Contractor during performance or at any time before final acceptance. In addition ' to any remedy authorized by law, the City may retain so much of the money due the Contractor as deemed necessary by the Engineer to ensure the defense and indemnification obligations of this Section until disposition has been made of such suits or claims. ' Pursuant to RCW 4.24.115, such claims, suits, or actions result from the concurrent negligence of (a) the indemnitee or the indemnitee's agents or employees and (b) the Contractor or the Contractor's agent or employees, the indemnity provisions provided in the preceding paragraphs of this Section shall be valid and enforceable only to the extent of the Contractor's negligence or the negligence of its agents and employees. The Contractor shall bear sole responsibility for damage to completed portions of the ' project and to property located off the project caused by erosion, siltation, runoff, or other related items during the construction of the project. The Contractor shall also bear sole responsibility for any pollution of rivers, streams, ground water, or other waters that may occur as a result of construction operations. The Contractor shall exercise all necessary precautions throughout the life of the Project to prevent pollution, erosion, siltation, and damage to property. The City will forward to the Contractor all claims filed against the City that are deemed to have arisen in relation to the Contractor's Work or activities under this Contract, and, in the opinion of the City, are subject to the defense, indemnity, and insurance provisions of the Contract Documents. Claims will be deemed tendered to the Contractor and insurer, who has named the City as a named insured or an additional insured under the Contract's insurance provisions, once the claim has been forwarded via certified mail to ' the Contractor. The Contractor shall be responsible to provide a copy of the claim to the Contractor's designated insurance agent who has obtained/met the Contract's insurance provision requirements. Watermain Replacement"U" Division 1 —GENERAL REQUIREMENTS October 1, 2019 ' WO No—UP3698 SP—81