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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
<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
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<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.
<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 />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 Contractor to an
<br />equitable adjustment hereunder.
<br />1.57.3. If any change order under this clause causes an
<br />increase or decrease in the Contractor's cost of, or
<br />the time required for, the performance of any part of
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