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<br />and (b) is caused in whole or in part by any negligent
<br />act or omission of the Vendor, Sub-Vendor, anyone
<br />directly or indirectly employed by any of them or
<br />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.5. is applicable to this Work, then in lieu of the
<br />above provisions of this section the parties agree that
<br />Vendor shall indemnify, defend and hold harmless the
<br />City, their officers and employees, to the fullest
<br />extent authorized by Sec. 725.06 (2) F.5., 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, Vendor, upon written notice from City shall
<br />defend such action or proceeding by counsel
<br />satisfactory to City. The indemnification provided
<br />above shall obligate Vendor 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 Vendor, its Sub-Vendors,
<br />or by anyone directly or indirectly employed by either.
<br />
<br />1.51. City's Responsibility: The City will issue all
<br />communications to the Vendor; 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 />
<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
<br />required by the item measured.
<br />
<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 />
<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 />
<br />1.55. Decisions on Disagreements: The City will be the
<br />initial interpreter of the Technical Specifications.
<br />
<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 Vendor will proceed with the Work involved. All such
<br />Work shall be executed under the applicable conditions of the
<br />Contract Documents. If any Change Order causes an increase
<br />or decrease in the Contract Price or an extension or shortening
<br />
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<br />BID ND. 11-05-02
<br />
<br />of the Contract Time, an equitable adjustment will be made as
<br />provided in this document. A Change Order signed by the
<br />Vendor indicates their agreement therewith.
<br />
<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 Vendor believes that any minor change
<br />or alteration authorized by the City entitles them to
<br />an increase in the Contract Price or extension of
<br />Contract Time, they may make a claim therefore as
<br />provided in this document.
<br />
<br />1.56.2. Additional Work performed by the Vendor 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 />
<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 Vendor for a
<br />change in the Contract Time or the Contract Price
<br />which is approved by the City.
<br />
<br />1.56.4. It is the Vendor's responsibility to notify his Surety of
<br />any changes affecting the general scope of the Work
<br />or change in the Contract Price or Contract Time and
<br />the amount of the applicable bonds shall be adjusted
<br />accordingly, The Vendor will furnish proof of such an
<br />adjustment to the City.
<br />
<br />1.57 Change of Contract Price:
<br />The Contract Price constitutes the total compensation
<br />payable to the Vendor for performing the Work. All
<br />duties, responsibilities and obligations assigned to or
<br />undertaken by the Vendor shall be at their expense
<br />without changing the Contract Price.
<br />
<br />1.57.1. The City may, at any time, without written notice to
<br />the sureties, by written order designated or indicated
<br />to be a Change Order, make any change in the Work
<br />within the general scope of the Contract, including
<br />but not limited to changes: in the specifications
<br />(including drawings and designs); in the method or
<br />manner of performance of the Work; in the City-
<br />furnished facilities, equipment, materials, services, or
<br />site; or directing acceleration in the performance of
<br />the Work.
<br />
<br />1.57.2. Except as herein provided, no order, statement, or
<br />conduct of the City shall be treated as a change
<br />under this clause or entitle the Vendor to an equitable
<br />adjustment hereunder.
<br />
<br />1.57.3. If any change order under this clause causes an
<br />increase or decrease in the Vendor's cost of, or the
<br />time required for, the performance of any part of the
<br />Work, under this Contract, whether or not changed
<br />by any order, an equitable adjustment shall be made
<br />and the Contract modified in writing accordingly.
<br />
<br />1.57.4. If the Vendor intends to assert a claim for an
<br />equitable adjustment under this clause, he must,
<br />within ten (10) days after receipt of a written Change
<br />
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