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<br />any act or omission of the said Contractor or his Sub-Contractor, agents, servants or employees. The
<br />Contractor will indemnify, defend and hold harmless the City, the Consultant and their agents or
<br />employees from and against all claims, damages, losses and expenses including attorneys' fees arising
<br />out of or resulting from the performance of the Work, provided that any such claim damage, loss or
<br />expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
<br />tangible property (other than Work itself) including the loss of use resulting wherefrom and (b) is caused
<br />in whole or in part by any negligent act or omission of the Contractor, Sub-Contractor, anyone directly or
<br />indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of
<br />whether or not it is caused by a party indemnified hereunder. In the event that a court of competent
<br />jurisdiction determines that Sec. 725.06 (2), F.5. is applicable to this Work, then in lieu of the above
<br />provisions of this section the parties agree that Contractor shall indemnify, defend and hold harmless the
<br />City or Consultant, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.5.,
<br />which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth
<br />herein.
<br />
<br />5.28.1 In the event that any action or proceeding is brought against City or Consultant by reason of any
<br />such claim or demand, Contractor, upon written notice from City shall defend such action or
<br />proceeding by counsel satisfactory to City. The indemnification provided above shall obligate
<br />Contractor to defend at its own expense or to provide for such defense, at City's option, any and
<br />all claims of liability and all suits and actions of every name and description that may be brought
<br />against City or Consultant, excluding only those which allege that the injuries arose out of the
<br />sole negligence of City, its officers, agents or employees which may result from the operations
<br />and activities under this Contract whether the construction operations be performed by
<br />Contractor, its Sub-Contractors, or by anyone directly or indirectly employed by either.
<br />
<br />5.28.2 The obligations of the Contractor under Paragraph 5.28 shall not extend to the liability of the
<br />Consultant, their agents or employees arising out of (a) the preparation or approval of maps,
<br />drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of
<br />or failure to give directions or instructions by the Consultant, their agents or employees provided
<br />such giving of failure to give is the primary cause of injury or damage. These indemnification
<br />provisions shall survive the term of this Contract.
<br />
<br />5.29. Responsibility for Connection to Existing Work: It shall be the express responsibility of the
<br />Contractor to connect their Work to each part of the existing Work or Work previously installed as
<br />required by the Drawings and Specifications to provide a complete installation.
<br />
<br />5.30. Work in Street, Highway and Other Right-of-Way: Excavations, grading, fill, storm
<br />drainage, paving and any other construction or installations in rights-of-ways of streets, highways, public
<br />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
<br />the Work. Upon completion of the Work, Contractor shall present to Consultant certificates, in triplicate,
<br />from the proper authorities stating that the Work has been done in accordance with their requirements.
<br />
<br />5.30.1. The City will cooperate with the Contractor in obtaining action from any utilities or public
<br />authorities involved in the above requirements.
<br />
<br />5.30.2. The Consultant shall be responsible, if required, for obtaining elevations of curbs and gutters,
<br />pavement, storm drainage structures, and other items which must be established by
<br />governmental departments as soon as grading operations are begun on the site and, in any case,
<br />sufficiently early in the construction period to prevent any adverse effect on the Project.
<br />
<br />5.31. Cooperation with Governmental Departments, Public Utilities, Etc.: The Contractor shall
<br />be responsible for making all necessary arrangements with governmental departments, public utilities,
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<br />BID No. 08-10-01
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