Agenda - Public Works Committee - 06/20/2017

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be caused by delay or failure in the performance and completion of this Agreement, and further to indemnify and save harmless of and from all suits and action of the Owner and Engineer on account of any injuries or damages sustained by any person or persons by reason of any act, omission, or negligence or by the use of improper or defective materials on the part of said Contractor in the performance of any part of this Agreement, and further to indemnify and protect and save the Owner and Engineer harmless against any or all demands, fees, or royalties for any patented invention, materials, methods, arrangements, or process of manufacturer of any infringement thereon, that may be used or be in any manner connected with the construction, erection, or maintenance of the Work, material, or any part thereon encompassed by this Project. 33.2 The Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 33.3 In any and all claims against the Owner or the Engineer of any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable, the indemnification obligation under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or from the Contractor or any Subcontractor under Worker's Compensation acts, disability benefit acts or other employee benefit acts. 33.4 The obligations of the Contractor under this Article shall not extend to the liability of the Engineer, his agents or employees arising out of (a) the preparation or approval or maps, drawings, opinions, reports, surveys, Change Orders, designs or Plans and Specifications or (b) the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of injury or damage. ARTICLE 34. Contract Bonds The Contractor will furnish performance, payment and maintenance bonds as security for the faithful performance, payment and maintenance of all his obligations under the Contract Documents. These bonds shall be in amounts of at least 100% of the Contract Price and in such form and with such Sureties as approved by the Securities Exchange and by the Insurance Commissioner of the State in which the Project is located. Prior to execution of the Contract Documents, the Owner may require the Contractor to furnish such other bonds, in such form and with such Sureties as he may require. ARTICLE 35. Insurance 35.1 The Contractor shall provide (from insurance companies acceptable to the Owner) the insurance coverage designated hereinafter and pay all costs. GC 23