Rodarte Construction 4/29/2019 - Laserfiche WebLink

I CITY OF EVERETT SPECIAL PROVISIONS in whole or in part by any act or omission by the Contractor or the agents or employees of the Contractor during performance or at any time before final acceptance. In addition to any remedy authorized by law, the City may retain so much of the money 111 due the Contractor as deemed necessary by the Engineer to ensure the defense and indemnification obligations of this Section until disposition has been made of such suits or claims. Pursuant to RCW 4.24.115, such claims, suits, or actions result from the concurrent negligence of (a) the indemnitee or the indemnitee's agents or employees and (b) the Contractor or the Contractor's agent or employees, the indemnity provisions provided in the preceding paragraphs of this Section shall be valid and enforceable only to the extent of the Contractor's negligence or the negligence of its agents and employees. The Contractor shall bear sole responsibility for damage to completed portions of the project and to property located off the project caused by erosion, siltation, runoff, or other related items during the construction of the project. The Contractor shall also bear sole responsibility for any pollution of rivers, streams, ground water, or other waters that may occur as a result of construction operations. The Contractor shall exercise all necessary precautions throughout the life of the Project to prevent pollution, erosion, siltation, and damage to property. The City will forward to the Contractor all claims filed against the City that are deemed to have arisen in relation to the Contractor's Work or activities under this Contract, and, in the opinion of the City, are subject to the defense, indemnity, and insurance provisions of the Contract Documents. Claims will be deemed tendered to the Contractor and insurer, who has named the City as a named insured or an additional insured under the Contract's insurance provisions, once the claim has been forwarded via certified mail to the Contractor. The Contractor shall be responsible to provide a copy of the claim to the Contractor's designated insurance agent who has obtained/met the Contract's insurance provision requirements. Within 60 calendar days following the date a claim is sent by the City to the Contractor, the Contractor shall notify the City Attorney's Office of the following: a. Whether the claim is allowed or is denied in whole or in part, and, if so, the specific reasons for the denial of the individual claim, and if not denied in full, when payment has been or will be made to the claimant(s) for the portion of the claim that is allowed, or h. If resolution negotiations are continuing. In this event, status updates will be I 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 I 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 City funds. Payments of funds by the City to ciaimant(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 Alverson Stormwater Separation February, 2019 WO No—UP3660 Division 1 —GENERAL REQUIREMENTS SP—80