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CITY OF EVERETT PUBLIC WORKS DOCUMENT 00 60 13
<br /> SPECIAL PROVISIONS CONTRACT
<br /> ' G. Compliance with Employment and Wage Laws.
<br /> 1. Contractor agrees to comply with all state and federal laws relating to the employment of
<br /> labor and wage rates to be paid.
<br /> H. Disadvantaged Business Enterprises.
<br /> 1. Contractor shall actively and in good faith solicit the employment of minority group
<br /> members and bids for the supply of goods or subcontracting of services from qualified
<br /> minority businesses.
<br /> 2. Contractor shall consider granting contracts to possible minority suppliers and
<br /> subcontractors on the basis of substantially equal proposals in the light most favorable to
<br /> the minority businesses.
<br /> 3. Contractor shall furnish evidence of its compliance with these requirements.
<br /> 4. As used in this section, the term "minority business" means a business at least fifty-one
<br /> percent(51%)of which is owned by minority group members.
<br /> a. Minority group members include, but are not limited to, African-Americans,
<br /> Women, Native Americans, Asian/Pacific Islander-Americans, and Hispanic-
<br /> Americans.
<br /> Indemnification.
<br /> 1. Except as otherwise provided in this section, the Contractor hereby agrees to save, hold
<br /> harmless, defend, and indemnify the City, and the Port of Everett, their officers,
<br /> employees and agents (all such persons collectively, "Indemnitees") from any and all
<br /> loss, claims, demands, suits, damage, or liability of any kind whatsoever, whether or not
<br /> 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 an Indemnitee in such
<br /> suit. The Contractor's obligations under this Section 1.9 shall not apply to loss, claims,
<br /> demands,suits,damage,or liability caused by the sole negligence of an Indemnitee.
<br /> 3. Application of RCW 4.24.115.
<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) an Indemnitee, then the
<br /> Contractor's obligations under this Section 8 shall apply only to the extent allowed
<br /> by RCW 4.24.115.
<br /> c. The Indemnitee retains the right to approve claims investigation and counsel
<br /> assigned to said claim and all investigation and legal work regarding said claim
<br /> shall be performed under a fiduciary relationship to the Indemnitee.
<br /> J. 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 /> 1 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 /> ' PSO6 REROUTE 006013 -3
<br /> WO NO.—UP3583 MAY 2016
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