|
CITY OF EVERETT PUBLIC WORKS
<br /> SPECIAL PROVISIONS
<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 /> 2. THIS CONTRACT IS A FEDERAL AID PROJECT AND IS SUBJECT TO THE
<br /> DAVIS-BACON ACT AND RCW 39.12. WHEN THE DAVIS-BACON AND RCW
<br /> 39.12 RATES DIFFER FOR SIMILAR KINDS OF LABOR, THE CONTRACTOR
<br /> SHALL NOT PAY LESS THAN THE HIGHER RATE UNLESS THE STATE
<br /> RATES ARE SPECIFICALLY PREEMPTED BY FEDERAL LAW.
<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 51 percent
<br /> 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, its officers, employees and agents from any
<br /> and all loss, claims, demands, suits, damage, or liability of any kind whatsoever, whether
<br /> or not 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 the City, its officers,
<br /> employees, agents or third persons in such suit. The Contractor's obligations under this
<br /> Section 8 shall not apply to loss, claims, demands, suits, damage, or liability caused by
<br /> the sole negligence of the City.
<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) the City or its agents or
<br /> employees, then the Contractor's obligations under this Section 8 shall apply only
<br /> to the extent allowed by RCW 4.24.115.
<br /> c. The City shall give Contractor reasonable notice of such claim.
<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.
<br /> ti 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 /> WFP Operations Building Seismic Retrofit-Rebid January 6,2017
<br /> WO#UP3600 006013 - 3
<br />
|