8944-17 Ratify Agreement with Local 1043, AFL-CIO & OH Council 8, AFSCME

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provision of insurance coverage required and as set forth in the attached General Conditions, the Insurance Requirements and applicable Contract Documents. ARTICLE X. WAIVER OF RIGHT TO FILE LIENS OR OTHERWISE PURSUE CLAIMS AS TO THE PROJECT. The DB expressly waives any right to file any Affidavits of Claim against Funds in respect to any of its Work and hereby further covenants that it shall cause each of its Subcontractors /Suppliers to waive any right to file such instruments relative to work performance /or materials provided in respect to the Project. The DB recognizes and acknowledges that its only right or remedy relative to any claims it may assert as to Work performed as to the Project is to pursue its monetary claims directly against the City and in accordance with the Contract Documents. In the event of the filing of an Affidavit of 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 and the Criteria Engineer, 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 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, arbitration or mediation 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 such Indemnitee's attorney fees, administrative time and consequential damages and expenses incurred by the such Indemnitee 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 XI. 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. The DB shall provide the City certified payroll reports per the Certified Payroll Agreement attached hereto with the Pay Application requests. ARTICLE XII. PAYMENT NOT DEEMED PROJECT ACCEPTANCE. 161PaSe