Laserfiche WebLink
Page 10 of 42 4/3/24 Agreement No. 2024-02 <br />1. The City shall bear the cost to repair any third-party damage involving any <br />existing roadway or section of new construction completed under this <br />Contract to a fully functional stage. Purchaser shall accomplish repairs <br />promptly as required by the City at an agreed price. The City may elect to <br />accomplish repairs itself, either by its own forces or by contracting with a third <br />party. <br /> <br />2. Catastrophic damage is defined as City identified damage valued in excess of <br />Ten Thousand Dollars ($10,000.00), which is caused by forces beyond the <br />control, and without the negligence of, Purchaser, such as earthquakes, <br />volcanic eruptions, landslides, and floods. The Parties shall share equally the <br />cost to repair any part of the required work performed by Purchaser, which is <br />damaged by catastrophic damage. Purchaser shall be responsible for the first <br />Ten Thousand Dollars ($10,000.00) of repair costs. Purchaser shall <br />accomplish repairs promptly as required by the City at an agreed price. The <br />City may elect to accomplish repairs by means of City provided resources. <br /> <br />b. Nothing contained in G-120 and G-130 shall be construed as relieving Purchaser of <br />responsibility for, or damage resulting from, Purchaser's operations or negligence, nor <br />shall Purchaser be relived from full responsibility for making good any defective work <br />or materials. <br /> <br />G-140 Indemnity <br /> <br />To the fullest extent permitted by law, Purchaser shall indemnify, defend and hold <br />harmless City and all officials, agents and employees of City, from and against all <br />Claims arising out of or resulting from the performance of this Contract. "Claim" as <br />used in this Contract means any and all financial loss, claim, suit, action, damage, or <br />expense, including but not limited to attorneys' fees, attributable for bodily injury, <br />sickness, disease or death, or injury to or destruction of tangible property including loss <br />of use resulting therefrom. Purchaser’s obligations to indemnify, defend, and hold <br />harmless includes any Claim by Purchaser’s agents, employees, representatives, or any <br />subcontractor or its employees. Purchaser expressly agrees to indemnify, defend, and <br />hold harmless City for any claim arising out of or incident to Purchaser’s or any <br />subcontractors' performance or failure to perform the Contract. Purchaser’s obligation <br />to indemnify, defend, and hold harmless City shall not be eliminated or reduced by any <br />actual or alleged concurrent negligence of City or its agents, agencies, employees and <br />officials. Purchaser waives its immunity under Title 51 RCW to the extent it is <br />required to indemnify, defend and hold harmless City and its agents, officials, agents or <br />employees and acknowledges this was mutually negotiated. This clause G-140 <br />survives termination or expiration of this Contract. <br /> <br />G-150 Liability Insurance <br /> <br />Purchaser shall, at its cost and expense, buy and maintain insurance of the types and <br />amounts listed below. Failure to buy and maintain the required insurance may result in <br />a breach and/or termination of the Contract at City’s option. City may suspend <br />Purchaser operations until required insurance has been secured.