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HomeMy WebLinkAbout14- REVISED Page 15 Agreement with Ingram-Clevenger, INC. for Lower Yard Fire Training Facility Project05/19/2014 22:34 14065622292 PAGE 03/03 Contractor to the extent that damage to the Construction Project or City Hall is covered by other insurance; Contractual Liability Insurance (covering the Contractor's indemnity obligations described in this Agreement) - $2,000,000 per occurrence $3,000,000 aggregate; and Additional coverage may be required by the City in the event of the following: o Crane operating services For liabilities assumed hereunder, the City of Bozeman, its officers, agents, and employees, and. the City's Representatives and its consultants, agents, and employees shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. C. Contractor shall maintain those security guarantees set forth on the attached Exhibit E, Required Bonds. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings including for unemployment compensation. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue. 29. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between setlior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 30. Survival: Contractor's indemnification and warranty obligations shall stuvive the termination or expiration of this Agreement for the maximum period allowed under applicable law. Agree,ueul for Lower Yard Fue Trainirxg Facility Project Inge—C evenger, Inc. Page 15 of 26 Joe T Petrini 5/20/14