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the City and their agents or employees from and against all claims, damages, losses and expenses 1.55. Decisions on Disagreements: The City will be the including attorneys' fees arising out of or resulting initial interpreter of the Technical Specifications. from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable 1.56. Changes in Work: Without invalidating the to bodily injury, sickness, disease or death, or to Agreement, the City may, at any time or from time to injury to or destruction of tangible property (other time, order additions, deletions or revisions in the than Work itself) including the loss of use resulting Work; these shall be authorized by Change Orders. wherefrom and (b) is caused in whole or in part by Upon receipt of a Change Order, the Contractor will any negligent act or omission of the Contractor, Sub- proceed with the Work involved. All such Work shall Contractor, anyone directly or indirectly employed by be executed under the applicable conditions of the any of them or anyone for whose acts any of them Contract Documents. If any Change Order causes an may be liable, regardless of whether or not it is increase or decrease in the Contract Price or an caused by a party indemnified hereunder. In the extension or shortening of the Contract Time, an event that a court of competent jurisdiction equitable adjustment will be made as provided in this determines that Sec. 725.06 (2), F.S. is applicable to document. A Change Order signed by the Contractor this Work, then in lieu of the above provisions of this indicates their agreement therewith. section the parties agree that Contractor shall indemnify, defend and hold harmless the City, their 1.56.1. The City may authorize minor changes or alterations officers and employees, to the fullest extent in the Work not involving extra cost and not authorized by Sec. 725.06 (2) F.S., which statutory inconsistent with the overall intent of the Contract provisions shall be deemed to be incorporated herein Documents. These may be accomplished by a Field by reference as if fully set forth herein. In the event Order. If the Contractor believes that any minor that any action or proceeding is brought against City change or alteration authorized by the City entitles by reason of any such claim or demand, Contractor, them to an increase in the Contract Price or extension upon written notice from City shall defend such action of Contract Time, they may make a claim therefore as or proceeding by counsel satisfactory to City. The provided in this document. indemnification provided above shall obligate Contractor to defend at its own expense or to provide 1.56.2. Additional Work performed by the Contractor without for such defense, at City's option, any and all claims authorization of a Change Order will not entitle them of liability and all suits and actions of every name and to an increase in the Contract Price or an extension of description that may be brought against City, the Contract Time, except in the case of an excluding only those which allege that the injuries emergency as provided in this document. arose out of the sole negligence of City, which may result from the operations and activities under this 1.56.3. The City will execute appropriate Change Orders Contract whether the Work be performed by covering changes in the Work, to be performed and Contractor, its Sub- Contractors, or by anyone directly Work performed in an emergency as provided in this or indirectly employed by either. section and any other claim of the Contractor for a change in the Contract Time or the Contract Price 1.51. City's Responsibility: The City will issue all which is approved by the City. communications to the Contractor; the City will furnish the data required of them under the Contract 1.56.4. It is the Contractor's responsibility to notify his Surety Documents promptly; and the City's duties in respect of any changes affecting the general scope of the to providing lands and easements are set forth in this Work or change in the Contract Price or Contract section. Time and the amount of the applicable bonds shall be adjusted accordingly. The Contractor will furnish 1.52. Measurement of Quantities: All work completed proof of such an adjustment to the City. under the Contract will be measured by the City according to the United States Standard Measures. 1.57. Change of Contract Price: All linear surface measurements will be made The Contract Price constitutes the total compensation horizontally or vertically as required by the item payable to the Contractor for performing the Work. measured. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at their 1.53. Rejecting Defective Work: The City will have expense without changing the Contract Price. authority to disapprove or reject Work which is "defective" (which term is hereinafter used to 1.57.1. The City may, at any time, without written describe Work that is unsatisfactory, faulty or notice to the sureties, by written order defective, or does not conform to the requirements of designated or indicated to be a Change the Contract Documents or does not meet the Order, make any change in the Work within requirements of any inspection, test or approval the general scope of the Contract, including referred to in Special Condition, or has been damaged but not limited to changes: in the prior to final acceptance). specifications (including drawings and designs); in the method or manner of 1.54. Shop Drawings, Change Orders and Payments: performance of the Work; in the City- In connection with the City's responsibility as to Shop furnished facilities, equipment, materials, Drawings and Samples, Change Orders, Statement of services, or site; or directing acceleration in Services, etc., see this section. the performance of the Work. PAGE 12 OF 105 PROPOSAL N0.