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CITY OF EVERETT SPECIAL PROVISIONS
<br /> ' The Contractor shall be responsible for any liability imposed by law for injuries to, or the death of,
<br /> any persons or damages to property resulting from any cause whatsoever during the performance
<br /> ' of the Work, or before Final Acceptance.
<br /> Subject to the limitations in this Section, and RCW 4.24.115, the Contractor shall indemnify,
<br /> defend, and save harmless the City and all its officers and employees from all claims, suits, or
<br /> actions brought for injuries to, or death of, any persons or damages resulting from construction
<br /> of the Work or in consequence of any negligence or breach of Contract regarding the Work, the
<br /> use of any improper materials in the Work, caused in whole or in part by any act or omission by
<br /> ' the Contractor or the agents or employees of the Contractor during performance or at any time
<br /> before final acceptance. In addition to any remedy authorized by law, the City may retain so much
<br /> of the money due the Contractor as deemed necessary by the Engineer to ensure the defense
<br /> and indemnification obligations of this Section until disposition has been made of such suits or
<br /> claims.
<br /> Pursuant to RCW 4.24.115, such claims, suits, or actions result from the concurrent negligence
<br /> of (a) the indemnitee or the indemnitee's agents or employees and (b) the Contractor or the
<br /> ' Contractor's agent or employees, the indemnity provisions provided in the preceding paragraphs
<br /> of this Section shall be valid and enforceable only to the extent of the Contractor's negligence or
<br /> the negligence of its agents and employees.
<br /> ' The Contractor shall bear sole responsibility for damage to completed portions of the project
<br /> and to property located off the project caused by erosion, siltation, runoff, or other related items
<br /> during the construction of the project. The Contractor shall also bear sole responsibility for any
<br /> pollution of rivers, streams, ground water, or other waters that may occur as a result of
<br /> construction operations.
<br /> The Contractor shall exercise all necessary precautions throughout the life of the Project to
<br /> prevent pollution, erosion, siltation, and damage to property.
<br /> The City will forward to the Contractor all claims filed against the City that are deemed to have
<br /> arisen in relation to the Contractor's Work or activities under this Contract, and, in the opinion of
<br /> ' the City, are subject to the defense, indemnity, and insurance provisions of the Contract
<br /> Documents. Claims will be deemed tendered to the Contractor and insurer, who has named the
<br /> City as a named insured or an additional insured under the Contract's insurance provisions, once
<br /> the claim has been forwarded via certified mail to the Contractor. The Contractor shall be
<br /> ' responsible to provide a copy of the claim to the Contractor's designated insurance agent who
<br /> has obtained/met the Contract's insurance provision requirements.
<br /> Within 60 calendar days following the date a claim is sent by the City to the Contractor, the
<br /> ' Contractor shall notify the City Attorney's Office of the following:
<br /> a. Whether the claim is allowed or is denied in whole or in part, and, if so, the specific
<br /> reasons for the denial of the individual claim, and if not denied in full, when payment
<br /> has been or will be made to the claimant(s)for the portion of the claim that is allowed,
<br /> or
<br /> b. If resolution negotiations are continuing. In this event, status updates will be reported
<br /> ' no longer than every 60 calendar days until the claim is resolved or a lawsuit is filed.
<br /> If the Contractor fails to provide the above notification within 60 calendar days, then the
<br /> Contractor shall yield to the City sole and exclusive discretion to allow all or part of the claim on
<br /> behalf of the Contractor, and the Contractor shall be deemed to have WAIVED any and all
<br /> defenses, objections, or other avoidances to the City's allowance of the claim, or the
<br /> amount allowed by the City, under common law, constitution, statute, or the Contract and
<br /> ' these Standard Specifications. If all or part of a claim is allowed, the City will notify the
<br /> Contractor via certified mail that it has allowed all or part of the claim and make appropriate
<br /> payments to the claimant(s) with City funds.
<br /> SEI to SRI Intertie,SRO8 Rehab Division 1 -GENERAL REQUIREMENTS WO No.-UP3714
<br /> SP-79
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