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CITY OF EVERETT SPECIAL PROVISIONS <br />LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 <br />WO No – UP3529 SP – 76 <br />1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC <br />1-07.1 Laws to be Observed <br /> 1-07.1(1) General <br />Revise 1-07.1(1) by replacing the second sentence of the first paragraph with the <br />following: <br />The Contractor shall indemnify, defend, and save harmless the City (including its agents, <br />officers, and employees) against any claims that may arise because the Contractor (or <br />any employee of the Contractor or Subcontractor or material person) violated a legal <br />requirement. <br /> 1-07.1(2) Health and Safety <br />Supplement 1-07.1(2) by adding the following: <br />In cases of conflict between different safety regulations, the more stringent regulation <br />shall apply. <br /> <br />The Washington State Department of Labor and Industries shall be the sole and <br />paramount administrative agency responsible for the administration of the provisions of <br />the Washington Industrial Safety and Health Act of 1973 (WISHA). <br /> <br />The Contractor shall maintain at the project site office, or other well known place at the <br />project site, all articles necessary for providing first aid to the injured. The Contractor <br />shall establish, publish, and make known to all employees, procedures for ensuring <br />immediate removal to a hospital, or doctor’s care, persons, including employees, who <br />may have been injured on the project site. Employees should not be permitted to work <br />on the project site before the Contractor has established and made known procedures <br />for removal of injured persons to a hospital or a doctor’s care. <br /> <br />The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of <br />the Contractor’s plant, appliances, and methods, and for any damage or injury resulting <br />from their failure, or improper maintenance, use, or operation. The Contractor shall be <br />solely and completely responsible for the conditions of the project site, including safety <br />for all persons and property in the performance of the work. This requirement shall apply <br />continuously, and not be limited to normal working hours. The required or implied duty of <br />the Engineer to conduct construction review of the Contractor’s performance does not, <br />and shall not, be intended to include review and adequacy of the Contractor’s safety <br />measures in, on, or near the project site. <br />Supplement 1-07.1by adding the following: <br />1-07.1(6) Additional Requirements <br />The Contractor shall be in compliance with all applicable standards, orders, or <br />requirements issued under Section 306 of the Clean Air Act [42 U.S.C. 1857(h)], Section <br />508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental <br />Protection Agency Regulations (40 CFR Part 15). (Contracts, subcontracts, and <br />subgrants of amounts in excess of $100,000).