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CITY OF EVERETT SPECIAL PROVISIONS
<br />
<br />Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024
<br />Work Order No. UP 3814 SP-90
<br />c. The Contractor shall provide all information and reports required by federal
<br />regulations applicable to this Contract. The Contractor shall permit access to its
<br />books, records, accounts, other sources of information, and its facilities as may be
<br />determined by the City to be pertinent to ascertain compliance with applicable
<br />federal regulations. Where any information required of a Contractor is in the
<br />exclusive possession of another who fails or refuses to furnish this information, the
<br />Contractor shall so certify to the City, and shall set forth what efforts it has made to
<br />obtain the information.
<br />d. In the event of the Contractor ’s noncompliance with the nondiscrimination
<br />provisions of this Contract, the City shall impose such Contract sanctions as it, or
<br />the City’s funding agencies, may determine to be appropriate, including, but not
<br />limited to: (a) withholding of payments to the Contractor until the Contractor
<br />complies, and/or (b) termination or suspension of the Contract, in whole or in part.
<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
<br />result of the foregoing direction, the Contractor may request that the City or the
<br />United States to enter into such litigation to protect their respective interests.
<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
<br />City may determine in writing that one or more provisions of 1-07.11 of the Standard
<br />Specifications are not applicable.
<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
<br />to any of the materials or other things used or employed in the performance of Work;
<br />for injury to or death of any persons, either workers or the public; or for damage to the
<br />public for any cause which might have been prevented by the Contractor, or the
<br />workers, or 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
<br />addition to any remedy authorized by law, the City may retain so much of the money
<br />due the 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
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