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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 – 93 <br />Contractor or the Contractor’s agent or employees, the indemnity provisions provided in <br />the preceding paragraphs of this Section shall be valid and enforceable only to the extent <br />of the Contractor’s negligence or the negligence of its agents and employees. <br />The Contractor shall bear sole responsibility for damage to completed portions of the <br />project and to property located off the project caused by erosion, siltation, runoff, or <br />other related items during the construction of the project. The Contractor shall also <br />bear sole responsibility for any pollution of rivers, streams, ground water, or other <br />waters that may occur as a result of construction operations. <br />The Contractor shall exercise all necessary precautions throughout the life of the Project <br />to 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 <br />to have arisen in relation to the Contractor’s Work or activities under this Contract, and, <br />in the opinion of the City, are subject to the defense, indemnity, and insurance provisions <br />of the Contract Documents. Claims will be deemed tendered to the Contractor and <br />insurer, who has named the City as a named insured or an additional insured under the <br />Contract’s insurance provisions, once the claim has been forwarded via certified mail to <br />the Contractor. The Contractor shall be responsible to provide a copy of the claim to the <br />Contractor’s designated insurance agent who has obtained/met the Contract’s insurance <br />provision requirements. <br />Within 60 calendar days following the date a claim is sent by the City to the Contractor, <br />the 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 <br />specific reasons for the denial of the individual claim, and if not denied in full, <br />when payment has been or will be made to the claimant(s) for the portion of <br />the claim that is allowed, or <br />b. If resolution negotiations are continuing. In this event, status updates will be <br />reported no longer than every 60 calendar days until the claim is resolved or <br />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 <br />claim on behalf of the Contractor, and the Contractor shall be deemed to have <br />WAIVED any and all defenses, objections, or other avoidances to the City’s <br />allowance of the claim, or the amount allowed by the City, under common law, <br />constitution, statute, or the Contract and these Standard Specifications. If all or <br />part of a claim is allowed, the City will notify the Contractor via certified mail that it has <br />allowed all or part of the claim and make appropriate payments to the claimant(s) with <br />City funds. <br />Payments of funds by the City to claimant(s) under this Section will be made on behalf <br />of the Contractor and at the expense of the Contractor, and the Contractor shall be <br />unconditionally obligated to reimburse the City for the “total reimbursement amount”, <br />which is the sum of the amount paid to the claimant(s), plus all costs incurred by the <br />City in evaluating the circumstances surrounding the claim, the allowance of the claim, <br />the amount due to the claimant, and all other direct costs for the City’s administration <br />and payment of the claim on the Contractor’s behalf. The City will be authorized to <br />withhold the total reimbursement amount from amounts due the Contractor, or, if no <br />further payments are to be made to the Contractor under the Contract, the Contractor <br />shall directly reimburse the City for the amounts paid within 30 days of the date notice <br />that the claim was allowed was sent to the Contractor. In the event reimbursement <br />from the Contractor is not received by the City within 30 days, interest shall accrue on <br />the total reimbursement amount owing at the rate of 12 percent per annum calculated