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CITY OF EVERETT PUBLIC WORKS 00 60 13 <br /> SPECIAL PROVISIONS CONTRACT <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 /> J. Insurance. I <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, or <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. <br /> K. Waiver of Industrial Insurance Immunity. <br /> 1. Contractor waives any right of contribution against the 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 any <br /> limitation on the amount of damages, compensation, or benefits payable by or for the <br /> Contractor or any subcontractor under industrial worker's compensation acts, disability <br /> benefit acts, or other employees' benefit acts. <br /> 3. Contractor's and City's signatures hereto indicate specific waiver of Contractor's <br /> industrial insurance immunity in order to fulfill this indemnity. <br /> 4. Solely for the purpose of indemnification and defense as provided in this Contract, the <br /> Contractor specifically waives any immunity under the State Industrial Insurance Law, <br /> Title 51 RCW. <br /> 5. The Contractor expressly acknowledges that this waiver of immunity under Title 51 <br /> RCW was the subject of mutual negotiation and was specifically entered into pursuant to <br /> the provisions of RCW 4.24.115. <br /> L. Repair of Damage. <br /> 1. The Contractor agrees to repair and replace all property of the City and all property of <br /> others damaged by it, its employees, subcontractors, suppliers and agents. <br /> PROCESS WATER PUMP STATION 02/27/2018 1 <br /> WO-3647 00 60 13 - 4 <br /> I <br />