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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 <br />Page 2 of 7 <br />DocuSign Envelope ID: 31E4D5CB-45F0-4015-B5A8-CF2D2467D9C4