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4. Contract Amount. The amount of this Contract is
<br /> ($ 653 Gj l 0 , a J ) and is based on
<br /> ' the proposal/bid submitted by Contractor dated of 210- )`] . The basis for final
<br /> payment will be the actual amount of work performed according to the Contract Documents
<br /> 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
<br /> state and federal laws relating to the employment of labor and wage rates to be paid.
<br /> 6. Indemnification.
<br /> A. Contractor will defend and indemnify the City from any and all Claims arising out of, in
<br /> connection with, or incident to any acts, errors, omissions, or conduct by Contractor relating
<br /> to, or arising out of its performance of, this Contract. The Contractor will defend and
<br /> indemnify the City whether a Claim is asserted directly against the City, or whether a Claim
<br /> ' is asserted indirectly against the City, e.g., a Claim is asserted against someone else who then
<br /> seeks contribution or indemnity from the City. The amount of insurance obtained by,
<br /> obtainable by, or required of the Contractor does not in any way limit the Contractor's duty
<br /> to defend and indemnify 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
<br /> shall be performed under a fiduciary relationship to the City.
<br /> ' B. The Contractor's obligations under this Section 6 shall not apply to Claims caused by the
<br /> sole negligence of the City. If(1) RCW 4.24.115 applies to a particular Claim, and (2) such
<br /> Claim is caused by or results from the concurrent negligence of (a)the Contractor, its
<br /> employees, subcontractors/subconsultants or agents and (b) the City, then the Contractor's
<br /> obligations under 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
<br /> not limited to, attorney's fees and litigation expenses), suits,judgments, or damage, whether
<br /> threatened, asserted or filed against the City, whether such Claims sound in tort, contract, or
<br /> ' any other legal theory, whether such Claims have been reduced to judgment or arbitration
<br /> award, irrespective of the type of relief sought or demanded (such as money or injunctive
<br /> 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)
<br /> ' "Contractor" includes Contractor, its employees, agents, representatives and subcontractors.
<br /> If, and to the extent, Contractor employs or engages subcontractors, then Contractor shall
<br /> ensure that each such subcontractor (and subsequent tiers of subcontractors) shall expressly
<br /> ' agree to defend and indemnify the City to the extent and on the same terms and conditions as
<br /> the Contractor pursuant to this section.
<br /> ' 7. Insurance. The Contractor shall purchase and maintain such insurance as will protect it
<br /> from any and all claims, suits, demands, Damages, or liability arising out of, or in connection
<br /> with, this Contract, or resulting from Contractor's (or its subcontractor's or supplier's)
<br /> performance of, or failure to perform, its express and implied obligations under the Contract,
<br /> including, but not limited to such claims as may arise out of or result from the Contractor's
<br /> operations under the Contract, whether such operations be by itself, any subcontractor or
<br /> supplier, by anyone directly or indirectly employed by any of them, or by anyone for whose
<br /> ' acts any of them may be liable. The Contractor's policies shall endorse the City, including
<br /> its officers, employees, agents and representatives, as additional insureds. The Contractor
<br /> shall comply with the insurance requirements set forth in the Contract Documents. Failure to
<br /> 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
<br /> CITYWIDE INTERSECTION SIGNING
<br /> FED AID#HSIP-000S(439); COE#3628 2 September 22,2016
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