12-053-TRN-001 Contract - Laserfiche WebLink

Home Browse Search

City of Anacortes and Widener&Associates Project Documentation for Guemes Trail Extension Contract 12-053-TRN-001 Unless consent or approval specifically provides otherwise, consent by the City shall not constitute a determination— (1) of the acceptability of any subcontract terms or conditions; (2) Of the allowability of any cost under this contract,; or (3) To relieve the Contractor of any responsibility for performing this Contract. The Contractor shall give immediate written notice, reference Clause 27 Notices, of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the City. 6. Invoicing. Each invoice shall include: All invoices shall include a cover page that states: Company Name, Invoice Date, Due Date (30 days), Invoice Number, Invoice Period, Project Manager Name, City of Anacortes Project Number, City of Anacortes Project Manager, Original Agreement Price, Amendment Price and Current Agreement Price. Invoices shall include actual hours worked by Period, by Labor Category. The City shall notify the Contractor within-fifteen (15) calendar days from receipt of invoice if there are any objections or disputes with the invoice. The Contractor shall then resubmit a new invoice less the disputed amount and payment shall be made.within 30 calendar days. Any disputed amounts may be submitted under the Disputes clause contained herein. 7. Ownership and Use of Documents. All finished and unfinished documents and material prepared by the Contractor with funds paid by the City pursuant to the terms of this Agreement shall become the property of the City and shall be forwarded to the City upon its request. Documents and materials shall include but not be limited to plans, specifications, reports, electronic and non-electronic data, and other design documents prepared by the Contractor ("Instruments of Services"). Pursuant to RCW 42.56.70, all information and documents produced under this Agreement may be subject to public disclosure. Any subsequent reuse or modification of Contractor's Instruments of Service by the City or any party obtaining it through the City will be at City's sole risk and without liability to Contractor. 8. Defense and Indemnity Agreement, The Contractor shall defend, indemnify and hold the City, its appointed and elective officers, officials, employees and volunteers harmless from any and all claims, injuries including death at any time resulting there from, damages, losses or suits including reasonable attorney fees, to the extent caused by the negligent acts, errors or omissions of the Contractor in performance of this Agreement. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.42.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Clause shall survive the expiration or termination of this Agreement. Contractor's defense obligation under this indemnity paragraph includes only reasonable defense costs to the extent of Contractor's actual proportional indemnity obligation as determined by a court of law. Page-2-of7