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CITY OF EVERETT SPECIAL PROVISIONS
<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
<br /> to 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 /> 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 any liability imposed by law for injuries to, or
<br /> the 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
<br /> Contractor or the Contractor's agent or employees, the indemnity provisions provided
<br /> Water Main Replacement R Division 1 —GENERAL REQUIREMENTS March 1, 2017
<br /> WO No—UP3646 SP—73
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