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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 92 <br />e. The Contractor shall include the provisions of paragraphs (a) through (e) in every <br />subcontract, including contracts for procurement and leases of equipment, unless <br />exempt by applicable federal regulations or directives issued pursuant thereto. The <br />Contractor shall take such action, including sanctions for noncompliance, with <br />respect to Subcontractors as the City or relevant federal agency may direct so as to <br />enforce such provisions. Provided, however, in the event a Contractor becomes <br />involved in, or is threatened with, litigation with a Subcontractor or supplier as a result <br />of the foregoing direction, the Contractor may request that the City or the United <br />States to enter into such litigation to protect their respective interests. <br /> <br />In the event of any inconsistency between the above supplemental requirements to 1-07.11 <br />and the requirements of the 1-07.11 of the Standard Specifications, the more stringent <br />requirements control, unless otherwise determined by the City in writing. In addition, the City <br />may determine in writing that one or more provisions of 1-07.11 of the Standard <br />Specifications are not applicable. <br /> <br />1-07.11(7) Vacant <br />Replace 1-07.11(7) with the following <br />(******) <br />1-07.11(7) Additional Grant Related Requirements <br />The project is funded in part by a grant from the Washington Department of Ecology. In <br />accordance with that funding agreement the requirements included in Stormwater <br />Facility Specifications Insert in Appendix H are incorporated into these specifications: <br /> <br />1-07.14 Responsibility for Damage <br />Delete 1-07.14 and replace with the following: <br />The City, and all officers and employees of the City, including but not limited to those of <br />the Public Works Department, will not be responsible in any manner: for any loss or <br />damage that may happen to the Work or any part; for any loss of material or damage to <br />any of the materials or other things used or employed in the performance of Work; for <br />injury to or death of any persons, either workers or the public; or for damage to the public <br />for any cause which might have been prevented by the Contractor, or the workers, or <br />anyone employed by the Contractor. <br />The Contractor shall be responsible for all liability imposed by law for injuries to, or the <br />death of, any persons or damages to property resulting from any cause whatsoever <br />during the performance of the Work, or before Final Acceptance. <br />Subject to the limitations in this Section, and RCW 4.24.115, the Contractor shall <br />indemnify, defend, and save harmless the City and all its officers and employees from <br />all claims, suits, or actions brought for injuries to, or death of, any persons or damages <br />resulting from construction of the Work or in consequence of any negligence or breach <br />of Contract regarding the Work, the use of any improper materials in the Work, caused <br />in whole or in part by any act or omission by the Contractor or the agents or employees <br />of the Contractor during performance or at any time before final acceptance. In addition <br />to any remedy authorized by law, the City may retain so much of the money due the <br />Contractor as deemed necessary by the Engineer to ensure the defense and <br />indemnification obligations of this Section until disposition has been made of such suits <br />or claims. <br />Pursuant to RCW 4.24.115, such claims, suits, or actions result from the concurrent <br />negligence of (a) the indemnitee or the indemnitee’s agents or employees and (b) the