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City of Anacortes and Widener&Associates <br /> Contract 13-016-SEW-004 <br /> I. Failure to Maintain Insurance <br /> Failure on the part of the Consultant to maintain the insurance as required shall constitute a <br /> material breach of contract, upon which the City may, after giving five business days' notice to the <br /> Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure <br /> or renew such insurance and pay any and all premiums in connection therewith, with any sums <br /> so expended to be repaid to the City on demand, or at the sole discretion of the City, offset <br /> against funds due the Consultant from the City. <br /> J. City Full Availability of Consultant Limits <br /> If the Consultant maintains higher insurance limits than the minimums shown above, the City <br /> shall be insured for the full available limits of Commercial General and Excess or Umbrella liability <br /> maintained by the Consultant, irrespective of whether such limits maintained by the Consultant <br /> are greater than those required by this contract or whether any certificate of insurance furnished <br /> to the City evidences limits of liability lower than those maintained by the Consultant. <br /> 10. Registered or Licensed Consultant. The City is prohibited by RCW 39.06.010 from <br /> executing an Agreement with a Consultant who is not registered or licensed as required by the <br /> laws of the state. In addition, the City will require persons doing business with the City to possess <br /> a business license. <br /> 11. Inspection. The Project Manager shall have power to reject instruments of services which <br /> fail to comply with the requirements of this Agreement, but in case of dispute the Consultant may <br /> appeal to the City's Public Works Director, whose decision shall be final. The Consultant shall <br /> comply with any and all orders and instructions given by the representative of the particular <br /> Department administering the Agreement in accordance with the terms of the Agreement. <br /> Nothing herein contained shall be taken to relieve the Consultant of his/her obligations or <br /> responsibilities under the Agreement. However, the Consultant shall be responsible for its own <br /> methods and conduct during the period of performance. <br /> 12. Standard of Care. The Consultant warrants that Professional Services provided under this <br /> Agreement will be performed in a workmanlike manner consistent with industry standards <br /> reasonably applicable to the performance of such services. The City's remedy shall be the re- <br /> performance of the Service or an equitable adjustment in the monies paid for the Professional <br /> Services, at the City's discretion. <br /> 13. Discrimination Prohibited. Consultant shall not discriminate against any employee or <br /> applicant for employment because of race, color, religion age, sex, national origin or physical <br /> handicap. <br /> 14. Consultant is an Independent Consultant. The parties intend that an independent <br /> Consultant relationship will be created by this Agreement. No agent, employee or representative <br /> of the Consultant shall be deemed to be an agent, employee or representative of the City for any <br /> purpose. Consultant shall be solely responsible for all acts of its agents, employees, <br /> representatives and Sub-consultants during the performance of this Agreement. <br /> 15. The City's Right to Terminate Agreement. <br /> A. Termination for Default <br /> If the Consultant defaults by failing to perform any of the obligations of the Agreement or <br /> becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or <br /> makes an assignment for the benefit of creditors, the City may, by depositing written notice to <br /> the Consultant in the U.S. mail, postage prepaid, terminate the Agreement, and at the City's <br /> option, obtain performance of the work elsewhere. If the Agreement is terminated for default, the <br /> Consultant shall not be entitled to receive any further payments under the Agreement until all <br /> work called for has been fully performed. Any extra cost or damage to the City resulting from <br /> such default(s) shall be deducted from any money due or coming due to the Consultant. The <br /> Page-4-of7 <br />