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<br /> CITY OF EVERETT PUBLIC WORKS 00 60 13
<br /> SPECIAL PROVISIONS CONTRACT
<br /> or not reduced to judgment or arbitration award, in connection with, or arising out of,this
<br /> Contract,or resulting from Contractor's (or its subcontractor's or supplier's)performance
<br /> of, or failure to perform,its express and implied obligations under the Contract.
<br /> 2. Contractor shall pay any judgment that may be obtained against the City, its officers,
<br /> employees, agents or third persons in such suit. The Contractor's obligations under this
<br /> Section 8 shall not apply to loss, claims, demands, suits, damage, or liability caused by
<br /> the sole negligence of the City.
<br /> 3. Application of RCW 4.24.115. 1
<br /> a. If applies to a particular loss, claim, demand,suit, damage, or liability, and
<br /> b. such loss, claim, demand, suit, damage, or liability is caused by or results from the
<br /> concurrent negligence of (a)the Contractor, its employees,
<br /> subcontractors/subconsultants or agents and (b) the City or its agents or
<br /> employees, then the Contractor's obligations under this Section 8 shall apply only
<br /> to the extent allowed by RCW 4.24.115.
<br /> c. The City shall give Contractor reasonable notice of such claim.
<br /> d. The City retains the right to approve claims investigation and counsel assigned to
<br /> said claim and all investigation and legal work regarding said claim shall be
<br /> performed under a fiduciary relationship to the City.
<br /> K. Insurance.
<br /> 1. The Contractor shall purchase and maintain such insurance as will protect it from any and
<br /> all claims, suits, demands, damages, or liability arising out of, or in connection with,this
<br /> Contract, or resulting from Contractor's(or its subcontractor's or supplier's)performance
<br /> of, or failure to perform, its express and implied obligations under the Contract,
<br /> including, but not limited to such claims as may arise out of or result from the
<br /> Contractor's operations under the Contract, whether such operations be by itself, any
<br /> subcontractor or supplier, by anyone directly or indirectly employed by any of them, or111
<br /> by anyone for whose acts any of them may be liable.
<br /> 2. If not specified elsewhere in the Contract, such insurance shall provide coverage at no
<br /> less than$2,000,000.
<br /> 3. The Contractor's policies shall endorse the City, including its officers,employees, agents
<br /> and representatives, as additional insureds.
<br /> 4. The Contractor shall comply with the insurance requirements set forth in the Contract •
<br /> Documents.
<br /> 5. Failure to maintain such insurance shall be a material breach of the Contract.
<br /> 6. City shall be entitled to damages for such a breach that include,but are not limited to,any
<br /> loss (including, but not limited to, third party litigation expenses and professional fees)
<br /> suffered by the City if the City is determined to be solely or concurrently negligent, and if
<br /> the City suffers any loss or must pay or defend against any such claim, suit, demand or
<br /> damage as a result of such breach.
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<br /> L. Waiver of Industrial Insurance Immunity.
<br /> 1. Contractor waives any right of contribution againstthe City.
<br /> 2. It is agreed and mutually negotiated that in any and all claims against the City, its agents
<br /> or employees, the Contractor, a subcontractor, anyone directly or indirectly employed by
<br /> the Contractor or subcontractor, or anyone for whose acts any of them may be liable, the
<br /> defense and indemnification obligations hereunder shall not be limited in any way by any111
<br /> limitation on the amount of damages, compensation, or benefits payable by or for the
<br /> THREE LAKES VALVE BYPASS July 19, 2017 1
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