|
Contract, so that no further cleaning by the CITY is necessary prior to their occupancy; shall restore all property, both
<br />public and private, which has been disturbed or damaged during the prosecution of the Work; and shall leave the whole
<br />in a neat and presentable condition.
<br />6.30 If the CONTRACTOR does not clean the Work site, the CITY may remove the rubbish and charge the cost to the
<br />CONTRACTOR.
<br />Public Convenience and Safe
<br />6.31 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable
<br />obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area
<br />of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street
<br />Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic
<br />demands. At any time that streets are required to be closed, the CONTRACTOR shall notify law enforcement agencies
<br />before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing
<br />equipment shall be provided and maintained at all times.
<br />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
<br />sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction.
<br />They shall commit no public nuisance. Temporary field office and sanitary facilities shall be removed upon completion
<br />of the Work 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, its officers, agents and employees, from or on account
<br />of any injuries or damages, received or sustained by any person or persons during or on account of any operations
<br />connected with the construction of this Project; including the warranty period, or by or in consequence of any negligence
<br />(excluding negligence of CITY), in connection with the same; or by use of any improper materials or by or on account
<br />of any act or omission of the said CONTRACTOR or his Subcontractor, agents, servants or employees. The
<br />CONTRACTOR will indemnify and hold harmless the CITY and the CONSULTANT and their agents or employees
<br />from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the
<br />performance of the Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury,
<br />sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss
<br />of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the CONTRACTOR,
<br />Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be
<br />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 by reason of any such claim or demand,
<br />CONTRACTOR, upon written notice from CITY shall defend such action or proceeding by counsel satisfactory to CITY.
<br />The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such
<br />defense, at CITY'S option, any and all claims of liability and all suits and actions of every name and description that may
<br />be brought against CITY, excluding only those which allege that the injuries arose out of the sole negligence of CITY,
<br />which may result from the operations and activities under this Contract whether the construction operations be performed
<br />by CONTRACTOR, its Subcontractors or by anyone 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
<br />00710-13
<br />
|