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short durations, if at all, and in the evening, access to
<br />private property shall always be available.
<br />1.50 Duty to defend, indemnify and save harmless:
<br />In consideration of the separate sum of twenty-five
<br />dollars ($25.00) and other valuable consideration,
<br />the Contractor shall defend, indemnify and save
<br />harmless the City, its officers, agents and employees,
<br />from or on account of any injuries or damages,
<br />received or sustained by any person or persons
<br />during or on account of any operations connected
<br />with the Work described in the Contract Documents,
<br />or by or in consequence of any negligence in
<br />connection with the same; or by use of any improper
<br />materials or by or on account of any act or omission
<br />of the said Contractor or his Sub - Contractor, agents,
<br />servants or employees. The Contractor will defend,
<br />indemnify and hold harmless the City and their
<br />agents or employees from and against all claims,
<br />damages, losses and expenses including attorneys'
<br />fees arising out of or resulting from the performance
<br />of the Work, provided that any such claim damage,
<br />loss or expense (a) is attributable to bodily injury,
<br />sickness, disease or death, or to injury to or
<br />destruction of tangible property (other than Work
<br />itself) including the loss of use resulting wherefrom
<br />and (b) is caused in whole or in part by any negligent
<br />act or omission of the Contractor, Sub - Contractor,
<br />anyone directly or indirectly employed by any of them
<br />or anyone for whose acts any of them may be liable,
<br />regardless of whether or not it is caused by a party
<br />indemnified hereunder. In the event that a court of
<br />competent jurisdiction determines that Sec. 725.06
<br />(2), F.S. is applicable to this Work, then in lieu of the
<br />above provisions of this section the parties agree that
<br />Contractor shall indemnify, defend and hold harmless
<br />the City, their officers and employees, to the fullest
<br />extent authorized by Sec. 725.06 (2) F.S., which
<br />statutory provisions shall be deemed to be
<br />incorporated herein by reference as if fully set forth
<br />herein. In the event that any action or proceeding is
<br />brought against City by reason of any such claim or
<br />demand, Contractor, upon written notice from City
<br />shall defend such action or proceeding by counsel
<br />satisfactory to City. The indemnification provided
<br />above shall obligate Contractor to defend at its own
<br />expense or to provide for such defense, at City's
<br />option, any and all claims of liability and all suits and
<br />actions of every name and description that may be
<br />brought against City, excluding only those which
<br />allege that the injuries arose out of the sole
<br />negligence of City, which may result from the
<br />operations and activities under this Contract whether
<br />the Work be performed by Contractor, its Sub -
<br />Contractors, or by anyone directly or indirectly
<br />employed by either.
<br />1.51. City's Responsibility: The City will issue all
<br />communications to the Contractor; the City will furnish the data
<br />required of them under the Contract Documents promptly; and
<br />the City's duties in respect to providing lands and easements
<br />are set forth in this section.
<br />1.52. Measurement of Quantities: All work completed
<br />under the Contract will be measured by the City according to
<br />the United States Standard Measures. All linear surface
<br />measurements will be made horizontally or vertically as
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<br />BID No. 11 -01 -01
<br />required by the item measured.
<br />1.53. Rejecting Defective Work: The City will have
<br />authority to disapprove or reject Work which is "defective"
<br />(which term is hereinafter used to describe Work that is
<br />unsatisfactory, faulty or defective, or does not conform to the
<br />requirements of the Contract Documents or does not meet the
<br />requirements of any inspection, test or approval referred to in
<br />Special Condition, or has been damaged prior to final
<br />acceptance).
<br />1.54. Shop Drawings, Change Orders and Payments:
<br />In connection with the City's responsibility as to Shop Drawings
<br />and Samples, Change Orders, Statement of Services, etc., see
<br />this section.
<br />1.55. Decisions on Disagreements: The City will be the
<br />initial interpreter of the Technical Specifications.
<br />1.56. Changes in Work: Without invalidating the
<br />Agreement, the City may, at any time or from time to time,
<br />order additions, deletions or revisions in the Work; these shall
<br />be authorized by Change Orders. Upon receipt of a Change
<br />Order, the Contractor will proceed with the Work involved. All
<br />such Work shall be executed under the applicable conditions of
<br />the Contract Documents. If any Change Order causes an
<br />increase or decrease in the Contract Price or an extension or
<br />shortening of the Contract Time, an equitable adjustment will
<br />be made as provided in this document. A Change Order signed
<br />by the Contractor indicates their agreement therewith.
<br />1.56.1. The City may authorize minor changes or alterations
<br />in the Work not involving extra cost and not
<br />inconsistent with the overall intent of the Contract
<br />Documents. These may be accomplished by a Field
<br />Order. If the Contractor believes that any minor
<br />change or alteration authorized by the City entitles
<br />them to an increase in the Contract Price or extension
<br />of Contract Time, they may make a claim therefore as
<br />provided in this document.
<br />1.56.2. Additional Work performed by the Contractor without
<br />authorization of a Change Order will not entitle them
<br />to an increase in the Contract Price or an extension of
<br />the Contract Time, except in the case of an
<br />emergency as provided in this document.
<br />1.56.3. The City will execute appropriate Change Orders
<br />covering changes in the Work, to be performed and
<br />Work performed in an emergency as provided in this
<br />section and any other claim of the Contractor for a
<br />change in the Contract Time or the Contract Price
<br />which is approved by the City.
<br />1.56.4. It is the Contractor's responsibility to notify his Surety
<br />of any changes affecting the general scope of the
<br />Work or change in the Contract Price or Contract
<br />Time and the amount of the applicable bonds shall be
<br />adjusted accordingly. The Contractor will furnish
<br />proof of such an adjustment to the City.
<br />1.57 Change of Contract Price:
<br />The Contract Price constitutes the total compensation
<br />payable to the Contractor for performing the Work.
<br />All duties, responsibilities and obligations assigned to
<br />or undertaken by the Contractor shall be at their
<br />expense without changing the Contract Price.
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