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Administrator in accordance with Article 12.1 of the General Conditions. All progress
<br />payments will be on the basis of the progress of the Work as established in the General
<br />Conditions (and in the case of Unit Price Work based on the number of units completed).
<br />5.2.1 Final Payment: Upon final completion and acceptance of the work in accordance with the
<br />General Conditions, City shall pay the remainder of the Job Order Price as recommended by
<br />Project Manager and Contract Administrator. A Certificate of Completion signed by the
<br />Project Manager is required prior to payment of any final invoice(s).
<br />5.2.2 As determined by the Project Manager, progress payments shall be made per the Project
<br />Payment Schedule.
<br />5.2.3 In accordance with RCW 39.10.450, for purposes of chapters 39.08, 39.12, 39.76, and 60.28
<br />RCW, each Job Order issued shall be treated as a separate contract. Contractor will provide
<br />the bonds as set forth in the RFP and in the General Conditions on the forms provided by the
<br />City. The alternate filing provisions of RCW 39.12.040(2) apply to each Job Order that
<br />otherwise meets the eligibility requirements of RCW 39.12.040(2).
<br />SECTION 6 INDEMNIFICATION
<br />The indemnity and defense obligations in this Section 6 are in addition to any other indemnity and
<br />defense obligation elsewhere in the Contract Documents.
<br />A. Contractor will defend and indemnify the City from any and all Claims arising out of,
<br />in connection with, or incident to any acts, errors, omissions, or conduct by Contractor relating to, or
<br />arising out of its performance of, this Contract. The Contractor will defend and indemnify the City
<br />whether a Claim is asserted directly against the City, or whether a Claim is asserted indirectly against
<br />the City, e.g., a Claim is asserted against someone else who then seeks contribution or indemnity
<br />from the City. The amount of insurance obtained by, obtainable by, or required of the Contractor
<br />does not in any way limit the Contractor’s duty to defend and indemnify the City. The City retains
<br />the right to approve Claims investigation and counsel assigned to said Claim and all investigation and
<br />legal work regarding said Claim shall be performed under a fiduciary relationship to the City.
<br />B. The Contractor’s obligations under this Section shall not apply to Claims caused by
<br />the sole negligence of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim
<br />is caused by or results from the concurrent negligence of (a) the Contractor, its employees,
<br />subcontractors/subconsultants or agents and (b) the City, then the Contractor’s obligations under
<br />this Section 6 shall apply only to the extent allowed by RCW 4.24.115.
<br />C. As used in this section: (1) “City” includes the City’s officers, employees, agents, and
<br />representatives; (2) “Claims” include all losses, claims, demands, expenses (including, but not limited
<br />to, attorney’s fees and litigation expenses), suits, judgments, or damage, whether threatened,
<br />asserted or filed against the City, whether such Claims sound in tort, contract, or any other legal
<br />theory, whether such Claims have been reduced to judgment or arbitration award, irrespective of the
<br />type of relief sought or demanded (such as money or injunctive relief), and irrespective of the type of
<br />damage alleged (such as bodily injury, damage to property, economic loss, general damages, special
<br />damages, or punitive damages); and (3) “Contractor” includes Contractor, its employees, agents,
<br />representatives and subcontractors.
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