HomeMy WebLinkAboutContractCAG-24-337
19th December
Docusign Envelope ID: E6B75C63-8F7A-4568-8182-AE1 BA659071 F
for the purposes of this indemnification. The Partieshave mutually negotiated and agreed
to this waiver. The provisions of this section shall survive the expiration or
termination of this Agreement.
9.Insurance: Contractor shall secure and maintain:
A.Commercial general liability insurance in the minimum amounts of $1,000,000 for
eachoccurrence/$2,000,000 aggregate for the Term of this Agreement.
B.Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional ser vices being provided to City
that are excluded in the commercial general liability insurance.
C.Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or
non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if
there will be any use of Contractor's vehicles on the City's Premises by or on behalf of the
City, beyond normal commutes.
E.It is agreed that on Contractor's commercial general liability policy, the City will be
named as an Additional Insured on a non-contributory primary basis. City'sinsurance
policies shall not be a source for payment of any Contractor liability.
F.Subject to City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to City before executing the work of this
Agreement.
G.Contractor shall provide City with written notice of any policy cancellation, within
two (2) business days of thei r receipt of such notice.
10.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
A.Contractor, and Contractor's agents, employees, representatives, and volunteers
withregard to the services performed or to be performed under this Agreement,
shall not discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation or preference, age (except minimum age and
retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona fide
occupational qualification in relationship to hiring and employment, in employment
or application for employment, the administration of the delivery of services or any
PAGE40F8
Docusign Envelope ID: E6B75C63-8F7A-4568-8182-AE1 BA659071 F
other benefits under this Agreement, or procurement of materials or supplies.
B .The Contractor will take affirmative action to insure that applicants are employed
andthat employees are treated during employment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation
and selection for training.
C.If Contractor fails to comply with any of this Agreement's non-discrimination
provisions, City shall have the right, at its option, to cancel the Agreement in wholeor
in part.
D.Contractor is responsible to be aware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project,
which includes but is not limited to fair labor laws and worker's compensation.
11.Independent Contractor: Contractor's employees, while engaged in the performance of any
of Contractor's services under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of City and as a result, shall notbe
entitled to any coverage or benefits from the City of City. Contractor's relation to City shall
be at all times as an independent contractor. Any and all Workman's Compensation Act
claims on behalf of Contractor employees, and any and all claims madeby a third-party as· a
consequence of any negligent act or omission on the part of Contractor's employees, while
engaged in services provided to be rendered under this Agreement, shall be the solely
Contractor's obligation and responsibility.
12.City of Renton Business License: Unless exempted by the Renton Municipal Code,
Contractor shall obtain a City of Renton Business License prior to performing any Work and
maintain the business license in good standing throughout the term of this agreement with
the City.
13.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor. wa .gov/ doing-busin ess/regi ster-mv-business
Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Services provided in the
performance of this Agreement. The Contractor agrees to provide access to and copies of 0
PAGE50F8
Docusign Envelope ID: E6B75C63-8F7A-4568-8182-AE1 BA659071 F
instrument in writing, duly executed by both Parties.
C.Assignment and Subcontract. Contractor shall not assign or subcontract any portion
of this Agreement without the City of Renton's prior express written consent.
D.Compliance with Laws. Contractor and all of the Contractor's employees shall perform
the services in accordance with all applicable federal, state, county and city laws,
codesand ordinances. A copy of this language must be made a part of any contractor
or subcontractor agreement.
E.Conflicts. In the event of any inconsistencies between contractor proposals and this
contract, the terms of this contract shall prevail.
F.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
G.Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
orinterpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington, or its replacement or successor.
I.Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
J.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
L.Waivers. All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either City or Contractor from enforcing that provision or any otherprovision
PAGE7 OF 8
Approved by Cheryl Beyer via email 12/6/2024