Common use of CONTRACT AND PROPOSAL Clause in Contracts

CONTRACT AND PROPOSAL. The Notice to Contractors, Instruction to Bidders, General and Special Provisions are a part of every proposal submitted and contract subsequently executed for doing the work referred to herein, as fully as though they had been set forth in full in the body of the proposal and contract. The successful bidder will be required to execute four (4) copies of the Contract form and to furnish a performance bond on the standard form attached to each copy thereof, executed by adequate surety satisfactory to the Owner in the full amount of the contract. To the fullest extent allowable by law, Contractor hereby indemnifies and shall defend and hold harmless the City of Waupun, its elected and appointed officials, officers, employees or authorized representatives or volunteers and each of them from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys’ fees, costs, and expenses of whatsoever kind or nature whether arising before, during, or after completion of the work hereunder and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of Contractor or of anyone acting under its direction or control or on its behalf in connection with or incident to the performance of this Agreement . Contractor's aforesaid indemnity and hold harmless agreement shall not be applicable to any liability caused by the sole fault, sole negligence, or willful misconduct of the City of Waupun, or its elected and appointed officials, officers, employees or authorized representatives or volunteers; This indemnity provision shall survive the termination or expiration of this Agreement. In any and all claims against the City of Waupun, its elected and appointed officials, officers, employees or authorized representatives or volunteers by an employee of Contractor, any subcontractor, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Worker’s Compensation Acts, Disability Benefit Acts, or other employee benefit acts. No provision of this Indemnification clause shall give rise to any duties not otherwise provided for by this Agreement or by operation of law. No provision of this Indemnity clause shall be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to the City of Waupun, its elected and appointed officials, officers, employees or authorized representatives or volunteers under this or any other contract. This clause is to be read in conjunction with all other indemnity provisions contained in this Agreement. Any conflict or ambiguity arising between any indemnity provisions in this Agreement shall be construed in favor of indemnified parties except when such interpretation would violate the laws of the state in which the job site is located. Contractor shall reimburse the City of Waupun, its elected and appointed officials, officers, employees or authorized representatives or volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any received by the City of Waupun, its elected and appointed officials, officers, employees or authorized representatives or volunteers.