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Sanitary Provisions:
<br />6.32 The CONTRACTOR shall provide on -site office, and necessary toilet conveniences, secluded from public
<br />observation, for use of all personnel on the Work, whether or not in his employ. They shall be kept in a clean and sanitary
<br />condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. They shall
<br />commit no public nuisance. Temporary field office and sanitary facilities shall be removed upon completion of the Work
<br />and the premises shall be left clean.
<br />Indemnification:
<br />6.33 In consideration of the separate sum of twenty -five dollars ($25.00) and other valuable consideration, the
<br />CONTRACTOR shall indemnify and save harmless the CITY and CONSULTANT, its officers, agents and employees,
<br />from or on account of any injuries or damages, received or sustained by any person or persons during or on account of
<br />any operations connected with the construction of this Project; including the warranty period, or by or in consequence
<br />of any negligence (excluding negligence of CITY and CONSULTANT), in connection with the same; or by use of any
<br />improper materials or by or on account of any act or omission of the said CONTRACTOR or his Subcontractor, agents,
<br />servants or employees. The CONTRACTOR will indemnify and hold harmless the CITY and the CONSULTANT and
<br />their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out
<br />of or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable
<br />to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself)
<br />including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the
<br />CONTRACTOR, Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any
<br />of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder.
<br />6.34 In the event that any action or proceeding is brought against CITY or CONSULTANT by reason of any such claim
<br />or demand, CONTRACTOR, upon written notice from CITY shall defend such action or proceeding by counsel
<br />satisfactory to CITY. The indemnification provided above shall obligate CONTRACTOR to defend at its own expense
<br />or to provide for such defense, at CITY'S option, any and all claims of liability and all suits and actions of every name
<br />and description that may be brought against CITY or CONSULTANT, excluding only those which allege that the injuries
<br />arose out of the sole negligence of CITY or CONSULTANT, which may result from the operations and activities under
<br />this Contract whether the construction operations be performed by CONTRACTOR, its Subcontractors or by anyone
<br />directly or indirectly employed by either.
<br />6.35 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the
<br />CONSULTANT, their agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions,
<br />reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or
<br />instructions by the CONSULTANT, their agents or employees provided such giving of failure to give is the primary cause
<br />of injury or damage. These indemnification provisions shall survive the term of this Contract
<br />Responsibility for Connection to Existing Work:
<br />6.36 It shall be the express responsibility of the CONTRACTOR to connect their Work to each part of the existing Work
<br />or Work previously installed as required by the Drawings and Specifications to provide a complete installation.
<br />Work in Street Highway and Other Right -of -Way:
<br />6.37 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of -ways of
<br />streets, highways, public carrier lines, utility lines either aerial, surface or subsurface, etc., shall be done in accordance with
<br />requirements of the special conditions. The CITY will be responsible for obtaining all permits necessary for the Work.
<br />Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the
<br />proper authorities stating that the Work has been done in accordance with their requirements.
<br />00710-14
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