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Section 00 52 13
<br /> Agreement Form
<br /> 6. Compliance with Employment and Wage Laws. Contractor agrees to comply with all state and
<br /> federal laws relating to the employment of labor and wage rates to be paid.
<br /> 7. Compliance with Apprenticeship Training Programs—Public Works Contracts. For all Public
<br /> ' Works Projects estimated to cost one million dollars or more, no less than fifteen percent of the labor
<br /> hours shall be performed by apprentices.The Contractor shall comply with the requirements of RCW
<br /> 39.04.320 and with all other applicable requirements referenced therein.
<br /> 8. Disadvantaged Business Enterprises. Contractor shall actively and in good faith solicit the
<br /> employment of minority group members and bids for the supply of goods or subcontracting of services
<br /> from qualified minority businesses. Contractor shall consider granting contracts to possible minority
<br /> suppliers and subcontractors on the basis of substantially equal proposals in the light most favorable to
<br /> the minority businesses. Contractor shall furnish evidence of its compliance with these requirements. As
<br /> used in this section,the term "minority business"means a business at least fifty-one percent(51%)of
<br /> which is owned by minority group members. Minority group members include, but are not limited to,
<br /> African-Americans, Women, Native Americans, Asian/Pacific Islander-Americans, and Hispanic-
<br /> 1 Americans.
<br /> 9. Indemnification. Except as otherwise provided in this section, the Contractor hereby agrees to
<br /> ' save, hold harmless, defend, and indemnify the City, its officers, employees and agents from any and all
<br /> loss,claims, demands, suits, damage, or liability of any kind whatsoever, whether or not reduced to
<br /> judgment or arbitration award, in connection with, or arising out of,this Contract, or resulting from
<br /> ' Contractor's (or its subcontractor's or supplier's) performance of, or failure to perform, its express and
<br /> implied obligations under the Contract. Contractor shall pay any judgment that may be obtained against
<br /> the City, its officers, employees, agents or third persons in such suit.The Contractor's obligations under
<br /> ' this Section 8 shall not apply to loss, claims, demands, suits, damage, or liability caused by the sole
<br /> negligence of the City. If(1) RCW 4.24.115 applies to a particular loss, claim, demand, suit, damage, or
<br /> liability, and (2) such loss, claim, demand, suit, damage, or liability is caused by or results from the
<br /> ' concurrent negligence of(a) the Contractor, its employees, subcontractors/subconsultants or agents
<br /> and (b) the City or its agents or employees, then the Contractor's obligations under this Section 8 shall
<br /> apply only to the extent allowed by RCW 4.24.115.The City shall give Contractor reasonable notice of
<br /> such claim.The City retains the right to approve claims investigation and counsel assigned to said claim
<br /> and all investigation and legal work regarding said claim shall be performed under a fiduciary
<br /> relationship to the City.
<br /> 10. Insurance.The Contractor shall purchase and maintain such insurance as will protect it from
<br /> any and 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 of, or failure
<br /> to perform, its express and implied obligations under the Contract, including, but not limited to such
<br /> claims as may arise out of or result from the Contractor's operations under the Contract, whether such
<br /> operations be by itself, any subcontractor or supplier, by anyone directly or indirectly employed by any
<br /> of them, or by anyone for whose acts any of them may be liable. If not specified elsewhere in the
<br /> Contract, such insurance shall provide coverage at no less than$2,000,000. The Contractor's policies
<br /> ' shall endorse the City, including its officers, employees, agents and representatives, as additional
<br /> insureds.The Contractor shall comply with the insurance requirements set forth in the Contract
<br /> Documents. Failure to maintain such insurance shall be a material breach of the Contract. City shall be
<br /> entitled to damages for such a breach that include, but are not limited to, any loss(including, but not
<br /> limited to, third party litigation expenses and professional fees) suffered by the City if the
<br /> Phil Johnson Ballfields Renovation
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