It is further agreed, that any improvements to or widening of the road necessitated
by the Contractor’s operations, including but not limited to, modification of roadway
approaches to accommodate transport vehicles, shall be considered incidental to the
hauling performed and shall be made at the Contractor’s sole expense unless otherwise
authorized in addendum to this agreement. Any such improvement shall be requested
and authorized by Billings County as a separate request from the Contractor and said
improvements are not authorized by this agreement.
It is further agreed, that any snow removal completed by
, on the
above described road/roads shall meet the reasonable and acceptable standards as
prescribed by Billings County.
It is further agreed, that while hauling is in progress, if an Engineer for Billings
County or the Highway Superintendent for Billings County believes that there is
substantial evidence of present damage to the road occurring, that the hauling shall
immediately cease upon the order of the Billings County Highway Superintendent in
order for the contractor to provide appropriate repairs to the road/roads and/or
bridge/bridges. In the event a hazardous road condition is identified by Billings County,
the contractor will have 24 hours after notification by Billings County to complete the
repair of the hazardous condition or properly sign the area according to the Manual on
Uniform Traffic Control Devices currently adopted by the North Dakota Department of
Transportation. Failure to complete the repair will allow Billings County employees or a
qualified contractor, as determined by Billings County to complete the repair and forward
the invoice to
for payment and/or reimbursement.
agrees to defend, indemnify and hold harmless Billings County and
its commissioners, trustees, administrators, employees, engineers and representatives
(collectively the “Indemnified Party”) against any and all losses, claims, damages,
expenses and liabilities (including reasonable attorneys’ fees) for physical damage to the
road/roads and bridge/bridges arising out of the obligations identified in this agreement
and for physical injury to any person to the extent resulting from or arising out of:
1. Any operations or activities of on the road/roads and
bridge/bridges of the Billings County that give rise to the obligations identified
in this agreement;
2. Any negligent or willful misconduct on the part of in
connection with any operations or activities of on the
road/roads and bridge/bridges of Billings County that give rise to the
obligations identified in this agreement; or
3. Any breach of this Agreement by . Furthermore,
agrees to defend, indemnify and hold harmless the
Indemnified Party from any third party claims arising out of the terms and
conditions of this Agreement. This indemnification obligation shall survive the
termination of this Agreement.
shall procure and endeavor to maintain in effect throughout the
duration of this Agreement, and for a period of two (2) years thereafter, insurance
coverage not less than the types and amounts specified below.
Certificates of Insurance shall be provided to Billings County and shall list the Billings
County as an additional insured.
