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4, Contract Amount. The amount of this Contract is
<br /> ) and is based on the
<br /> proposal/bid submitted by Contractor dated ; The basis for final payment will be.
<br /> the.actual amount of work performed according`to the Contract:Documents and payments, whether
<br /> 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 /> Contractor w I1 defend adwade the City M any acid all Claims ' sing o4 '..
<br /> im,g0 i.on-with, o iyeident to any._acts, eiors, om1ssiOIIS pr con ct' i Cun or�`rel U to,p
<br /> at sung out of its perforin tic0 of tl ii Contract The Couta'aotor will defend;anti id"e e Casty;
<br /> whether a Claim is asserted'di et t file City, Q iwbetttcrr a Clarrii is asserted ind gainst-
<br /> the City, e g, a.Claim is as erred amt sgriieone;else who den seeks coritrtb t tbn o r ode t from
<br /> the City' ate amount.ofinsui. nce obtained;by,obtauiable by,or reed.cif the Cb acro does opt In
<br /> any y Jaz it tlic Coi*actof duty to defend.and indemnify the Ity The Cray rte.i..us#e right,t
<br /> appro re Cl avestl ation an4 counsel assign to said Claim andlai inwestlgauon and jogat*olk
<br /> regarding said C f; ,shill l be f,ort e4`under a fiduciary relationship to the City:::
<br /> I3 TheContractor's obligations under this Section 7; Ill.tbtappl. 'to Cla s paed bl the sole
<br /> rtegferex_ofllwCtty.. (1)If .C"` 24
<br /> 4 115 applies to u 1 + ( ) such Char is
<br /> eausi_ by orr results..gym; theconcurrent ueglig nae of ( fi0410.rY e e l0ye
<br /> subs±p ittatitti slst�bcdi 5ultants.or agues ani. (b tli Qi # th .ttte ConbZaotot's of g is ns� der tics,
<br /> Sect:a ?shall s p y of ly to the 04teaiit tdla ed y 1 W 4 24;115. .
<br /> C.•. As used ..10-..::0i)”0...: '0,0410,. .1#. (1.,)' "City" 101,1.#1.,es the City's officers, enlp1oyees� a, eat dud:
<br /> rrep senitatives, (2) "Claiixts" include all losses, caLuigi,dei 0nds,expenses (inoludln bait not itritt'et
<br /> tc4T attorney's fees and .litigation eases) suits,;judgments,-lar damage, rhet;h#
<br /> thrc .tenod asserted:'.
<br /> or bled aitnst: the ' ..
<br /> Gly, w,h�tlier su.I~h Clatzaas; sotirad is;l tort, coorttracf, or ;in. athcr lc ai tliecirry=
<br /> wbcthor such Claims have been relit d.to judgment or alb tr4tton�award, ;irrespective of the type:of
<br /> relief spubht:ordemanded(snob ass money,orr injunctive relte , and iii pective of the type'bt donao..
<br /> adeged (such as bodily injury,damage to property, econromic loss, .eneral damages, speciat damages,
<br /> oa:punitive riamt ges),,and.(3) "Contthctor"inclines Cdntractor, its'employees, agents, representatives
<br /> Oa subcontractors_. It, and to the welt. Contractor employs or ezu ages: subcoxitraetors, then,
<br /> Co:tutor:tor shall: ensure that:;each sucli subcontractor (andsubsequent tiers of-subeontractqs) shall.
<br /> expressly agree to defend ard,inden ify the City to the extent and on the same terms and conditions:.as
<br /> the(•ontractor pursuatit,to this section;:
<br /> 7. Insurance. The Contractor shall purchase and.maintain such insurance as will protect it from any
<br /> and all claims, suits, demands, Damages, or liability fusing out of,or in connection with,this Contract,.
<br /> or r sulting, franc. Co trractor's (a.r its: subcontractor's or supplter''s) performance of or failure. to
<br /> peitolna, its express and implied. obligations under the Contract, including, alit not limited to such
<br /> claims as may arise out:of or result from the Contractor's- operations under the'Contract, whether such
<br /> operations:be by itself;any subcontractor or supplier,:by anyone directly.or indirectly employed by ally
<br /> of them, or by anyone:for:, whose acts any of them. may be liable. The Conti actor's policies,shall
<br /> endorse the City, including its officers, employees, agents and representatives, asadditional insureds.
<br /> The Contractor shall comply with the insurance requirements set forth in the Contract: Documents.
<br /> Failure to maintain such insurance shall be a material breach'of the Contract. 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,
<br /> third party litigation eXpeiises and:professional fees)suffered by the City if the City is determined to be
<br /> solely or concurrently negligent, and if the City suffers any loss or must pay or defend against any such
<br /> claim, suit,demand or damage as a.result of such breach.
<br /> 8. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution against
<br /> the City. It is agreed and mutually negotiated that in any and all claims against the City, its agents or
<br /> 41's STREET TO WMVD FREIGHT
<br /> CORRIDOR IMPROVEMENTS
<br /> FED AID#STPUL-9931(012);PW#3472 2 February 10,2016
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