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<br />expense or to provide for such defense, at City's option, any and all claims of liability and all suits and <br />actions of every name and description that may be brought against City, excluding only those which <br />allege that the injuries arose out of the sole negligence of City, which may result from the operations and <br />activities under this Contract whether the construction operations be performed by Contractor, its Sub- <br />Contractors, or by anyone directly or indirectly employed by either. <br /> <br />4.21. City's Responsibility: The City will issue all communications to the Contractor; the City will <br />furnish the data required of them under the Contract Documents promptly; and the City's duties in <br />respect to providing lands and easements are set forth in this section. <br /> <br />4.22. Measurement of Quantities: All work completed under the Contract will be measured by the <br />City according to the United States Standard Measures. All linear surface measurements will be made <br />horizontally or vertically as required by the item measured. <br /> <br />4.23. Rejecting Defective Work: The City will have authority to disapprove or reject Work which is <br />"defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or <br />does not conform to the requirements of the Contract Documents or does not meet the requirements of <br />any inspection, test or approval referred to in Special Condition, or has been damaged prior to final <br />acceptance). <br /> <br />4.24. Shop Drawings, Change Orders and Payments: In connection with the City's responsibility <br />as to Shop Drawings and Samples, Change Orders, Statement of Services, etc., see this section. <br /> <br />4.25. Decisions on Disagreements: The City will be the initial interpreter of the Technical <br />Specifications. <br /> <br />4.26. Changes in Work: Without invalidating the Agreement, the City may, at any time or from time <br />to time, order additions, deletions or revisions in the Work; these shall be authorized by Change Orders. <br />Upon receipt of a Change Order, the Contractor will proceed with the Work involved. All such Work shall <br />be executed under the applicable conditions of the Contract Documents. If any Change Order causes an <br />increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an <br />equitable adjustment will be made as provided in this document. A Change Order signed by the <br />Contractor indicates their agreement therewith. <br /> <br />4.26.1. The City may authorize minor changes or alterations in the Work not involving extra cost and not <br />inconsistent with the overall intent of the Contract Documents. These may be accomplished by a <br />Field Order. If the Contractor believes that any minor change or alteration authorized by the City <br />entitles them to an increase in the Contract Price or extension of Contract Time, they may make <br />a claim therefore as provided in this document. <br /> <br />4.26.2.Additional Work performed by the Contractor without authorization of a Change Order will not <br />entitle them to an increase in the Contract Price or an extension of the Contract Time, except in <br />the case of an emergency as provided in this document. <br /> <br />4.26.3. The City will execute appropriate Change Orders covering changes in the Work, to be performed <br />and Work performed in an emergency as provided in this section and any other claim of the <br />Contractor for a change in the Contract Time or the Contract Price which is approved by the City. <br /> <br />4.26.4. It is the Contractor's responsibility to notify his Surety of any changes affecting the general scope <br />of the Work or change in the Contract Price or Contract Time and the amount of the applicable <br />bonds shall be adjusted accordingly. The Contractor will furnish proof of such an adjustment to <br />the City. <br /> <br />PAGE 18 OF 92 <br />BID No. 07-10-04 <br />