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<br /> City of Everett 00 5213 - 3
<br /> IEvergreen Branch Library Expansion 2017-008
<br /> 6. Compliance with Employment and Wage Laws. Contractor agrees to comply with
<br /> Iall state and federal laws relating to the employment of labor and wage rates to be paid.
<br /> 7. Disadvantaged Business Enterprises. Contractor shall actively and in good faith
<br /> solicit the employment of minority group members and bids for the supply of goods or
<br /> Isubcontracting of services from qualified minority businesses. Contractor shall consider
<br /> granting contracts to possible minority suppliers and subcontractors on the basis of
<br /> substantially equal proposals in the light most favorable to the minority businesses.
<br /> IContractor shall furnish evidence of its compliance with these requirements. As used in
<br /> this section, the term "minority business" means a business at least fifty-one percent
<br /> (51%) of which is owned by minority group members. Minority group members include,
<br /> Ibut are not limited to, African-Americans, Women, Native Americans, Asian/Pacific
<br /> Islander-Americans, and Hispanic-Americans.
<br /> I 8. Indemnification. Except as otherwise provided in this section, the Contractor
<br /> hereby agrees to save, hold harmless, defend, and indemnify the City, its officers,
<br /> employees and agents from any and all loss, claims, demands, suits, damage, or
<br /> 1 liability of any kind whatsoever, whether or not reduced to judgment or arbitration
<br /> award, in connection with, or arising out of, this Contract, or resulting from Contractor's
<br /> (or its subcontractor's or supplier's) performance of, or failure to perform, its express
<br /> 1 and implied obligations under the Contract. Contractor shall pay any judgment that may
<br /> be obtained against the City, its officers, employees, agents or third persons in such
<br /> suit. The Contractor's obligations under this Section 8 shall not apply to loss, claims,
<br /> I demands, suits, damage, or liability caused by the sole negligence of the City. If (1)
<br /> RCW 4.24.115 applies to a particular loss, claim, demand, suit, damage, or liability, and
<br /> (2) such loss, claim, demand, suit, damage, or liability is caused by or results from the
<br /> I concurrent negligence of (a) the Contractor, its employees,
<br /> subcontractors/subconsultants or agents and (b) the City or its agents or employees,
<br /> then the Contractor's obligations under this Section 8 shall apply only to the extent
<br /> I allowed by RCW 4.24.115. The City shall give Contractor reasonable notice of such
<br /> claim. 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 performed
<br /> Iunder a fiduciary relationship to the City.
<br /> 9. Insurance. The Contractor shall purchase and maintain such insurance as will
<br /> I protect it from any and all claims, suits, demands, damages, or liability arising out of, or
<br /> in connection with, this Contract, or resulting from Contractor's (or its subcontractor's or
<br /> supplier's) performance of, or failure to perform, its express and implied obligations
<br /> I under the Contract, including, but not limited to such claims as may arise out of or result
<br /> from the Contractor's operations under the Contract, whether such operations be by
<br /> itself, any subcontractor or supplier, by anyone directly or indirectly employed by any of
<br /> R them, or by anyone for whose acts any of them may be liable. If not specified
<br /> elsewhere in the Contract, such insurance shall provide coverage at no less than
<br /> $2,000,000. The Contractor's policies shall endorse the City, including its officers,
<br /> I employees, agents and representatives, as additional insureds. The Contractor shall
<br /> comply with the insurance requirements set forth in the Contract Documents. Failure to
<br /> maintain such insurance shall be a material breach of the Contract. City shall be
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<br /> 00 5213 - 3 AGREEMENT FORM
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