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2. Contract Time. Substantial completion shall be achieved within 45 working days of the effective
<br />date of the Notice to Proceed.
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<br />3. Liquidated Damages. The parties agree the City will suffer damage and be put to additional
<br />expense in the event that the Contractor does not complete the work in all respects and have it
<br />ready for use by the substantial completion date stated. Because it is difficult to accurately compute
<br />the amount of such costs and damages, the Contractor hereby covenants and agrees to pay to the
<br />City liquidated damages as stated in Section 1-08.9 of the Special Provisions, for each and every
<br />working day required to accomplish substantial completion of the work in excess of the period
<br />established above for substantial completion.
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<br />4. Contract Sum. The amount of this Contract is _______________________________________
<br />($__________________) and is based on the proposal/bid submitted by Contractor dated
<br />________________. The basis for final payment will be the actual amount of work performed
<br />according to the Contract Documents and payments, whether partial or final shall be made as
<br />specified therein.
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<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.
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<br />6. Indemnification.
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<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
<br />Contract. The Contractor will defend and indemnify and hold harmless the City whether a Claim is asserted
<br />directly against the City, or whether a Claim is asserted indirectly against the City, e.g., a Claim is asserted
<br />against someone else who then seeks contribution or indemnity from the City. The amount of insurance
<br />obtained by, obtainable by, or required of the Contractor does not in any way limit the Contractor’s duty to
<br />defend and indemnify and hold harmless the City. The City retains the right to approve Claims investigation
<br />and counsel assigned to said Claim and all investigation and legal work regarding said Claim shall be performed
<br />under a fiduciary relationship to the City. This Section 6 is in addition to any other defense or indemnity or
<br />hold harmless obligation in the Contract Documents.
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<br />B. The Contractor’s obligations under this Section 6 shall not apply to Claims caused by the sole negligence
<br />of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or results from
<br />the concurrent negligence of (a) the Contractor and (b) the City, then the Contractor’s liability under this
<br />Section 6 shall be only to the extent of the Contractor’s negligence.
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<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
<br />litigation expenses), suits, judgments, or damage, whether threatened, asserted or filed against the City,
<br />whether such Claims sound in tort, contract, or any other legal theory, whether such Claims have been
<br />reduced to judgment or arbitration award, irrespective of the type of relief sought or demanded (such as
<br />money or injunctive relief), and irrespective of the type of damage alleged (such as bodily injury, damage to
<br />property, economic loss, general damages, special damages, or punitive damages); and (3) “Contractor”
<br />includes Contractor, its employees, agents, representatives and subcontractors. If, and to the extent,
<br />Contractor employs or engages subcontractors, then Contractor shall ensure that each such subcontractor
<br />(and subsequent tiers of subcontractors) shall expressly agree to defend and indemnify and hold harmless
<br />the City to the extent and on the same terms and conditions as the Contractor pursuant to this section.
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<br />7. Insurance. The Contractor shall purchase and maintain such insurance as set forth in the Contract
<br />Documents. Failure to maintain such insurance shall be a material breach of the Contract. The City shall be
<br />entitled to damages for such a breach that include, but are not limited to, any loss (including, but not limited
<br />to, third party litigation expenses and professional fees) suffered by the City if the City is determined to be
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