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7.14 Indemnity
<br />7.14.1. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless
<br />City, its officers and employees, from liabilities, damages, losses, and costs, including, but not
<br />limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or
<br />intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in
<br />the performance of this Contract. This indemnification shall survive the term of this Contract.
<br />7.15 Value EnOneerina Incentive
<br />7.15.1. The City encourages the Contractor to make timely value engineering and cost
<br />savings recommendations. In the event the City approves by duly executed change order any value
<br />engineering or cost savings recommendation of the Contractor, and in the further event the Contract
<br />Sum is reduced thereby, any savings shall be shared with Seventy -Five Percent (75%) being
<br />allocated City and Twenty -Five Percent (25%) being allocated to the Contractor. It is agreed,
<br />however, that the Contractor shall procure and obtain at its sole cost and expense all change orders,
<br />drawings, specifications, permits, approvals, or other documents required in order to implement the
<br />value engineering or cost savings recommdation. ANY CLAIM UNDER THIS PARAGRAPH
<br />MUST BE SUBMITTED IN WRITING TO THE CITY AND THE ENGINEER / ARCHITECT
<br />PRIOR TO THE EXECUTION OF THE CHANGE ORDER INCORPORATING THE
<br />CONTRACTOR'S RECOMMENDATION OTHERWISE SAID CLAIM IS EXPRESSLY
<br />WAIVED. Any savings allocated to the Contractor under this Paragraph shall be paid at the time of
<br />Final Payment to the Contractor.
<br />7.16 Miscellaneous
<br />7.16.1. Prior to commencement of the Work, the Contractor shall submit to the City a plan
<br />for site access and control of construction traffic. Said plan shall include, but not be limited to, an
<br />enumeration of each construction access point to the site and a description of how access will be
<br />controlled and regulated; a description of any impact that construction traffic may have on the public
<br />streets and highways, and the Contractor's plan for minimizing and reducing such impact; and, the
<br />name and address of the individual employed by the Contractor who shall have responsibility for
<br />control and management of construction traffic. Approval by the City of this plan is a condition
<br />precedent to payment of any sums to the Contractor. The Contractor furthermore agrees to cooperate
<br />with the City and all other appropriate governmental entities with respect to the control, regulation,
<br />scheduling and management of construction traffic.
<br />7.16.2. The Contractor shall be responsible for, and shall pay the cost of, all temporary
<br />facilities used, or made available, during the course of the Work. These facilities include, but shall
<br />not be limited to, electric power, gas, water, sewage and sanitation, waste removal and disposal,
<br />telephone, and temporary office facilities. The Contractor shall timely pay for all such temporary
<br />facilities and shall coordinate the installation and removal of such facilities including, but not limited
<br />to, any required coordination with any utility company. Furthermore, the Contractor shall be
<br />responsible for, and shall pay the cost of, any utility work which may be necessary in order to
<br />perform the Work required by the Contract Documents; this responsibility includes, but is not limited
<br />to, the cost of installing, moving, or relocating electric, water, sewer, gas, or other utility lines, wires,
<br />poles, pipe, and any other equipment of every kind and nature.
<br />MBR CONSTRUCTION, INC. Page 17 of 41
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