8814-15 Accept OH EPA grant for stream bank restoration and fish shelf

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remedy relative to any claims it may assert as to Work performed as to the Project or any Individual Parcel is to pursue its monetary claims directly against the City and in accordance with the Contract Documents. In the event of the filing of a mechanic's lien or claim by the DB, any subcontractor, supplier or other party or entity providing services and/or materials arising from the actions and/or omissions of the DB, the DB shall indemnify and hold harmless the City, the Consulting Engineer, each Individual Parcel Owner and each Individual Parcel occupant, their respective agents, representatives and employees (collectively, the "Indemnitees ") from all liens, claims, losses, demands, causes of action or suits of whatever nature arising out of any claims or liens asserted. Such indemnification shall extend to any and all damages, losses and expenses, including but not limited to attorney fees, arising out of or resulting from the assertion of any liens and/or claims claims by any third parties. Such obligation herein set forth shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist or as was or is imposed upon the DB in accordance with the Contract Documents. In the event of the institution of any litigation or arbitration proceedings as to which claims may be or are asserted against any of the Indemnitees, the DB agrees to further reimburse each Indemnitee for all of and Indemnitee's its attorney fees, administrative time and consequential damages and expenses incurred by the City in defense of and/or associated with resolving such claims or liens. The City and each Indemnitee shall be entitled to elect to engage legal counsel of its choice. ARTICLE XIII. PREVAILING WAGES The DB shall provide that eight (8) hours shall constitute a day's work and that the prevailing wage rate of the locality as determined by the Department of Industrial Relations of the State of Ohio shall control the contract wages as stipulated in Chapter 4115, Ohio Revised Code. Provided, however, the prevailing wage rates shall not apply associated with the services strictly related to design work undertaken by the DB. ARTICLE XIII. PAYMENT NOT DEEMED PROJECT ACCEPTANCE. No certificate of payment, no provision in the Contract Documents, and no partial or entire use of the Work performed by the DB shall constitute an acceptance of Work not done in accordance with the Contract Documents or shall relieve the DB of liability in respect to any express or implied warranties or responsibility for faulty materials or workmanship. The DB shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within a period of two (2) years from the date of final acceptance of the Work, acceptance of the Work as to each Individual Parcel to be issued by way of individual Certificate of Final Completion. ARTICLE XIV. ASSIGNMENT OF ANTI -TRUST RIGHTS. 81Page