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<br /> refuses to furnish this information,the Contractor shall so certify to the City,and shall set I
<br /> forth what efforts it has made to obtain the information.
<br /> d. In the event of the Contractor's noncompliance with the nondiscrimination provisions of
<br /> this Contract,the City shall impose such Contract sanctions as it,or the City's funding
<br /> agencies,may determine to be appropriate,including,but not limited to: (a)withholding of
<br /> payments to the Contractor until the Contractor complies,and/or(b)termination or
<br /> suspension of the Contract,in whole or in part. I
<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 exempt by
<br /> applicable federal regulations or directives issued pursuant thereto.The Contractor shall
<br /> take such action, including sanctions for noncompliance,with respect to Subcontractors as
<br /> the City or relevant federal agency may direct so as to enforce such provisions.Provided,
<br /> however, in the event a Contractor becomes involved in,or is threatened with, litigation
<br /> with a Subcontractor or supplier as a result of the foregoing direction,the Contractor may
<br /> request that the City or the United States to enter into such litigation to protect their
<br /> respective interests.
<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 the
<br /> Public Works Department, will not be responsible in any manner: for any loss or damage that
<br /> may happen to the Work or any part; for any loss of material or damage to any of the materials
<br /> or other things used or employed in the performance of Work; for injury to or death of any
<br /> persons, either workers or the public; or for damage to the public for any cause which might
<br /> have been prevented by the Contractor,or the workers,or anyone employed by the Contractor.
<br /> The Contractor shall be responsible for any liability imposed by law for injuries to, or the death
<br /> of, any persons or damages to property resulting from any cause whatsoever during the
<br /> performance of the Work,or before Final Acceptance.
<br /> Subject to the limitations in this Section, and RCW 4.24.115, the Contractor shall indemnify,
<br /> defend, and save harmless the City and all its officers and employees from all claims, suits, or
<br /> actions brought for injuries to, or death of, any persons or damages resulting from construction
<br /> of the Work or in consequence of any negligence or breach of Contract regarding the Work,the
<br /> use of any improper materials in the Work,caused in whole or in part by any act or omission by
<br /> the Contractor or the agents or employees of the Contractor during performance or at any time
<br /> before fmal acceptance. In addition to any remedy authorized by law, the City may retain so
<br /> much of the money due the Contractor as deemed necessary by the Engineer to ensure the
<br /> defense and indemnification obligations of this Section until disposition has been made of such
<br /> suits or claims.
<br /> Pursuant to RCW 4.24.115, such claims, suits, or actions result from the concurrent negligence
<br /> of(a) the indemnitee or the indemnitee's agents or employees and (b) the Contractor or the
<br /> Contractor's agent or employees, the indemnity provisions provided in the preceding
<br /> paragraphs of this Section shall be valid and enforceable only to the extent of the Contractor's
<br /> negligence or the negligence of its agents and employees.
<br /> The Contractor shall bear sole responsibility for damage to completed portions of the project
<br /> and to property located off the project caused by erosion, siltation,runoff, or other related items
<br /> during the construction of the project. The Contractor shall also bear sole responsibility for any
<br /> pollution of rivers, streams, ground water, or other waters that may occur as a result of
<br /> construction operations.
<br /> The Contractor shall exercise all necessary precautions throughout the life of the Project to
<br /> prevent pollution,erosion, siltation,and damage to property.
<br /> HAYES STREET REGULATOR February,2017
<br /> AND CSO CONTROLS (SRO1, SRO2,AND SRO3)
<br /> WO No—UP3398-31 SP -87 1
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