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CITY OF EVERETT SPECIAL PROVISIONS
<br /> The Contractor shall be responsible for any liability imposed by law for injuries to, or the
<br /> 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 addition
<br /> to any remedy authorized by law, the City may retain so much of the money due the
<br /> 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 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
<br /> other related items during the construction of the project. The Contractor shall also
<br /> bear sole responsibility for any pollution of rivers, streams, ground water, or other
<br /> waters that may 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
<br /> a 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 /> Wetmore Ave Stormwater Bypass Division 1 —GENERAL REQUIREMENTS August, 2018
<br /> WO No—UP3704 SP—1-78
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