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Widener&Associates
<br />Contract 18-145-TRN-001
<br />6. Invoicing. All invoices shall include a cover page that states: Company Name, Invoice Date,
<br />Due Date (30 days), Invoice Number, Invoice Period, Project Manager Name, AGREEMENT
<br />Number, Agreement Price, amount requested per invoice and cumulative invoiced amount.
<br />Invoices shall include actual hours worked by Period, by Labor Category.
<br />The Consultant must invoice MONTHLY for quantities delivered during the invoice period, and no
<br />more frequently than monthly, and allow 30 calendar days from receipt of the invoice for payment.
<br />Invoices should be sent by US mail to City of Anacortes, Accounts Payable, PO Box 547, Anacortes,
<br />WA 98221, or by email to accountspayable@cityofanacortes.orq
<br />The City shall notify the Consultant within fifteen (15) calendar days from receipt of invoice if
<br />there are any objections or disputes with the invoice. The Consultant shall then resubmit a new
<br />invoice less the disputed amount and payment shall be made within 30 calendar days. Any
<br />disputed amounts may be submitted under the Disputes clause contained herein.
<br />7. Ownership and Use of Documents. All finished and unfinished documents and material
<br />prepared by the Consultant with funds paid by the City pursuant to the terms of this Agreement
<br />shall become the property of the City and shall be forwarded to the City upon its request.
<br />Documents and materials shall include but not be limited to plans, specifications, reports,
<br />electronic and non-electronic data, and other design documents prepared by the Consultant.
<br />Pursuant to RCW 42.56.70, all information and documents produced under this Agreement may
<br />be subject to public disclosure.
<br />8. Defense and Indemnity Agreement. Consultant shall defend, indemnify and hold the City,
<br />its officers, officials, employees and volunteers harmless from any and all claims, injuries
<br />damages, losses or suits including attorney fees, arising out of or resulting from the alleged
<br />negligent acts, errors or omissions of the Consultant in performance of this Agreement, except
<br />for injuries and damages caused by the sole negligence of the City. Should a court of competent
<br />jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of
<br />liability for damages arising out of bodily injury to persons or damages to property caused by or
<br />resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
<br />employees, and volunteers, the Consultant's liability, including the duty and cost to defend,
<br />hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and
<br />expressly understood that the indemnification provided herein constitutes the Consultant's waiver
<br />of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification.
<br />This waiver has been mutually negotiated by the parties. The provisions of this section shall
<br />survive the expiration or termination of this Agreement.
<br />9. General and Professional Liability Insurance.
<br />A. Insurance Term
<br />The Consultant shall procure and maintain for the duration of the Agreement, insurance against
<br />claims for injuries to persons or damage to property which may arise from or in connection with
<br />the performance of the work hereunder by the Consultant, its agents, representatives, or
<br />employees.
<br />B. No Limitation
<br />The Consultant's maintenance of insurance as required by this Agreement shall not be construed
<br />to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise
<br />limit the City's recourse to any remedy available at law or in equity.
<br />C. Minimum Scope of Insurance
<br />Consultant shall obtain insurance of the types and coverages described below:
<br />1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
<br />Coverage shall be as least as broad as Insurance Services Office (ISO) form CA 00 01.
<br />2. Commercial General Liability insurance shall be at least as broad as ISO occurrences form CG
<br />00 01 and shall cover liability arising from premises, operations, stop-gap independent
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<br />DocuSign Envelope ID: 31E4D5CB-45F0-4015-B5A8-CF2D2467D9C4
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