Allied Construction Associates Inc. 4/23/2021

CITY OF EVERETT SPECIAL PROVISIONS Payments of funds by the City to claimant(s) under this Section will be made on behalf of the Contractor and at the expense of the Contractor, and the Contractor shall be unconditionally obligated to reimburse the City for the "total reimbursement amount", which is the sum of the amount paid to the claimant(s), plus all costs incurred by the City in evaluating the circumstances surrounding the claim, the allowance of the claim, the amount due to the claimant, and all other direct costs for the City's administration and payment of the claim on the Contractor's behalf. The City will be authorized to withhold the total reimbursement amount from amounts due the Contractor, or, if no further payments are to be made to the Contractor under the Contract, the Contractor shall directly reimburse the City for the amounts paid within 30 days of the date notice that the claim was allowed was sent to the Contractor. In the event reimbursement from the Contractor is not received by the City within 30 days, interest shall accrue on the total reimbursement amount owing at the rate of 12 percent per annum calculated at a daily rate from the date the Contractor was notified that the claim was allowed. The City's costs to enforce recovery of these amounts are additive to the amounts owing. The Contractor specifically assumes all potential liability for actions brought by employees of the Contractor and, solely for the purpose of enforcing the defense and indemnification obligations set forth in 1-07.14, the Contractor specifically waives any immunity granted under the State industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The Contractor shall similarly require that each Subcontractor it retains in connection with the project comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all liability for actions brought by employees of the Subcontractor. The indemnity, defense and other obligations in this 1-07.14 are in addition to any indemnity, defense or other obligation that may be contained elsewhere in the Contract Documents. 1-07.17 Utilities and Similar Facilities Supplement 1-07.17 by adding the following: The Contractor shall review its responsibilities under Chapter 19.122 RCW, a law relating to underground utilities. Cost to the Contractor incurred as a result of complying with this law shall be at the Contractor's expense. In accordance with RCW 19.122, the Contractor shall call the Utility Coordinating Council One Call Center, 1-800-424-5555, for field location, not less than 2 nor more than 10 business days before the scheduled date for commencement of excavation that may affect underground utility facilities, unless otherwise agreed upon by the parties involved. A business day is defined as any day other than Saturday, Sunday, or a legal local, State, or Federal holiday. The Contractor shall be responsible for determining the exact location, including service connections, of all public and private underground utilities marked at the site of the Work. The Contractor shall perform field verification prior to beginning Work that could result in damage to buried utilities, including but not limited to exploratory excavations, in sufficient time so as not to impede the progress of the Work or fabrication of materials to be incorporated into the Work. The Contractor shall immediately notify the City's Representative as to any utility discovered by him in a different position than shown on the Plans or that is not shown on the Plans. No excavation shall begin until all known underground public and private utilities in the vicinity of the excavation area have been located and marked. Utilities of record are shown on the Plans insofar as it is possible to do so. Failure of the City to show the existence of subsurface objects or installation on the Plans shall not relieve the Contractor from its responsibility to make an independent check on the ground, nor relieve Contractor from all liability for damages resulting from its operations. It shall be entirely the responsibility of the Contractor to give proper notification to the agencies that have utilities in place and to coordinate with these agencies in the protection and relocation of the various underground installations. These agencies will give assistance in the location of SEI to SRI Intertie,SRO8 Rehab Division 1 -GENERAL REQUIREMENTS WO No.-UP3714 SP-80