|
CITY OF EVERETT SPECIAL PROVISIONS
<br />
<br />Water Main Replacement “Y” – Ph 2 Div 1 – GEN REQUIREMENTS October 2025
<br />Work Order No. UP 3814 SP-91
<br />Category 2: Sensitive information
<br />Category 2: For official use only / disclosure permissible by law.
<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
<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 other
<br />related items during the construction of the project. The Contractor shall also bear sole
<br />responsibility for any pollution of rivers, streams, ground water, or other waters that may
<br />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 a
<br />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 City
<br />in evaluating the circumstances surrounding the claim, the allowance of the claim, the
<br />amount due to the claimant, and all other direct costs for the City’s administration and
<br />payment of the claim on the Contractor’s behalf. The City will be authorized to withhold
<br />the total reimbursement amount from amounts due the Contractor, or, if no further
<br />payments are to be made to the Contractor under the Contract, the Contractor shall
<br />directly reimburse the City for the amounts paid within 30 days of the date notice that
<br />the claim was allowed was sent to the Contractor. In the event reimbursement from the
|