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4. Contract Sum. The amount of this Contract is 1, �j ��� 161 .. , i' 1
<br /> ($ ) and is based on the proposal/bid subrlitted by Contractor dated
<br /> . The basis for final payment will be the actual amount of work performed according
<br /> to the Contract Documents and payments, whether partial or final shall be made as specified therein.
<br /> 5. Compliance with Employment and Wage Laws. Contractor agrees to comply with all state and
<br /> federal laws relating to the employment of labor and wage rates to be paid.
<br /> 6. Indemnification.
<br /> A. Contractor will defend and indemnify and hold harmless the City from any and all Claims arising out of or
<br /> relating to any acts, errors, omissions, or conduct by Contractor in connection with its performance of this
<br /> Contract, including without limitation (and without limiting the generality of the foregoing) all Claims resulting
<br /> from Contractor's performance of, or failure to perform, its express and implied obligations under the Contract.
<br /> The Contractor will defend and indemnify and hold harmless the City whether a Claim is asserted directly against
<br /> the City, or whether a Claim is asserted indirectly against the City, e.g., a Claim is asserted against someone else
<br /> who then seeks contribution or indemnity from the City.The amount of insurance obtained by, obtainable by, or
<br /> required of the Contractor does not in any way limit the Contractor's duty to defend and indemnify and hold
<br /> harmless the City. The City retains the right to approve Claims investigation and counsel assigned to said Claim
<br /> and all investigation and legal work regarding said Claim shall be performed under a fiduciary relationship to the
<br /> City. This Section 6 is in addition to any other defense or indemnity or hold harmless obligation in the Contract
<br /> Documents.
<br /> B. The Contractor's obligations under this Section 6 shall not apply to Claims caused by the sole negligence of
<br /> the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or results from the
<br /> concurrent negligence of (a) the Contractor and (b) the City, then the Contractor's liability under this Section 6
<br /> shall be only to the extent of the Contractor's negligence.
<br /> C. As used in this section: (1) "City" includes the City's officers, employees, agents, and representatives; (2)
<br /> "Claims"include all losses,claims, demands, expenses(including, but not limited to, attorney's fees and litigation
<br /> expenses), suits, judgments, or damage, whether threatened, asserted or filed against the City, whether such
<br /> Claims sound in tort, contract, or any other legal theory, whether such Claims have been reduced to judgment
<br /> or arbitration award, irrespective of the type of relief sought or demanded (such as money or injunctive relief),
<br /> and irrespective of the type of damage alleged (such as bodily injury, damage to property, economic loss,general
<br /> damages, special damages, or punitive damages); and (3) "Contractor" includes Contractor, its employees,
<br /> agents, representatives and subcontractors. If, and to the extent, Contractor employs or engages subcontractors,
<br /> then Contractor shall ensure that each such subcontractor (and subsequent tiers of subcontractors) shall
<br /> expressly agree to defend and indemnify and hold harmless the City to the extent and on the same terms and
<br /> conditions as the Contractor pursuant to this section.
<br /> 7. Insurance. The Contractor shall purchase and maintain such insurance as set forth in the Contract Documents.
<br /> Failure to maintain such insurance shall be a material breach of the Contract. The City shall be entitled to
<br /> damages for such a breach that include, but are not limited to, any loss (including, but not limited to,third party
<br /> litigation expenses and professional fees)suffered by the City if the City is determined to be solely or concurrently
<br /> negligent, and if the City suffers any loss or must pay or defend against any such claim, suit, demand or damage
<br /> as a result of such breach.
<br /> 8. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution against the City. It is
<br /> agreed and mutually negotiated that in any and all claims against the City, its agents or employees, the
<br /> Contractor,a subcontractor,anyone directly or indirectly employed by the Contractor or subcontractor,or anyone
<br /> for whose acts any of them may be liable, the defense and indemnification obligations hereunder shall not be
<br /> limited in any way by any limitation on the amount of damages, compensation, or benefits payable by or for the
<br /> Contractor or any subcontractor under industrial worker's compensation acts, disability benefit acts, or other
<br /> employees' benefit acts. Contractor's and City's signatures hereto indicate specific waiver of Contractor's
<br /> industrial insurance immunity in order to fulfill the indemnities hereunder. Solely for the purpose of
<br /> indemnification and defense as provided in this Contract,the Contractor specifically waives any immunity under
<br /> the State Industrial Insurance Law, Title 51 RCW. The Contractor expressly acknowledges that this waiver of
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