Interwest Construction Inc 12/27/2018

111 CITY OF EVERETT SPECIAL PROVISIONS b. If resolution negotiations are continuing. In this event, status updates will be reported no longer than every 60 calendar days until the claim is resolved or a lawsuit is filed. If the Contractor fails to provide the above notification within 60 calendar days, then the Contractor shall yield to the City sole and exclusive discretion to allow all or part of the claim on behalf of the Contractor, and the Contractor shall be deemed to have WAIVED any and all defenses, objections, or other avoidances to the City's allowance of the claim, or the amount allowed by the City, under common law, constitution, statute, or the Contract and these Standard Specifications. If all or part of a claim is allowed, the City will notify the Contractor via certified mail that it has allowed all or part of the claim and make appropriate payments to the claimant(s) with I City funds. _ Payments of funds by the City to claimant(s) under this Section will be made on behalf of the Contractor and at the expense of the Contractor, and the Contractor shall be unconditionally obligated to reimburse the City for the "total reimbursement amount", which is the sum of the amount paid to the claimant(s), plus all costs incurred by the City in evaluating the circumstances surrounding the claim, the allowance of the claim, the amount due to the claimant, and all other direct costs for the City's administration and payment of the claim on the Contractor's behalf. The City will be authorized to withhold the total reimbursement amount from amounts due the Contractor, or, if no further payments are to be made to the Contractor under the Contract, the Contractor ' shall directly reimburse the City for the amounts paid within 30 days of the date notice that the claim was allowed was sent to the Contractor. In the event reimbursement from the Contractor is not received by the City within 30 days, interest shall accrue on the total reimbursement amount owing at the rate of 12 percent per annum calculated at a daily rate from the date the Contractor was notified that the claim was allowed. The City's costs to enforce recovery of these amounts are additive to the amounts ' owing. The Contractor specifically assumes all potential liability for actions brought by employees of the Contractor and, solely for the purpose of enforcing the defense and indemnification obligations set forth in 1-07.14, the Contractor specifically waives any immunity granted under the State industrial insurance law. Title 51 RCW. This waiver has been mutually negotiated by the parties. The Contractor shall similarly require that each Subcontractor it retains in connection with the project comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all liability for actions brought by employees of the Subcontractor. ' The indemnity, defense and other obligations in this 1-07.14 are in addition to any indemnity, defense or other obligation that may be contained elsewhere in the Contract Documents. 1-07.17 Utilities and Similar Facilities Supplement 1-07.17 by adding the following: The Contractor shall review its responsibilities under Chapter 19.122 RCW, a law relating to underground utilities. Cost to the Contractor incurred as a result of complying with this law shall be at the Contractor's expense. In accordance with RCW 19.122, the Contractor shall call the Utility Coordinating Council One Call Center, 1- 800-424-5555, for field location, not less than 2 nor more than 10 business days before the scheduled date for commencement of excavation that may affect underground utility facilities, unless otherwise agreed upon by the parties involved. A business day is defined as any day other than Saturday. Sunday, or a legal local, State, or Federal holiday. Watermain Replacement"T" Division 1 —GENERAL REQUIREMENTS October 10, 2018 WO No— UP3684 SP—85