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The following Special Provisions modify, amplify, or amend the General
Provisions with respect to the clauses cited below and no other clauses or
requirements of these items are waived or changed hereby. The Special Provisions
shall take precedence over the General Provisions.
SP-1. Modify Section 10 - Definition of Terms
SP-2. Modify Section 20 - Proposal Requirements and Conditions
SP-3. Modify Section 30 - Award and Execution of Contract
SP-4. Modify Section 40 - Scope of Work
SP-5. Modify Section 50 - Control of Work
SP-6. Add to Section 60 - Control of Materials
SP-7 Modify Section 70 - Legal Regulations and Responsibility
to Public
SP-8. Modify Section 80 - Prosecution and Progress
SP-9. Modify Section 90 - Measurement and Payment
SP-10. Certification of NPDES Permit
SP-7 Modify SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC as
follows:
In Paragraph 70-11 RESPONSIBILITY AND DAMAGE CLAIMS, and replace with the
following:
The Contractor shall indemnify and hold harmless and defend the Owner,
Engineer and Agent and all of their officers, agents and employees from all
suits, actions, claims, damages, personal injuries, losses, property damage
and expenses of any character whatsoever, including attorney's fees, brought
for or on account of any injuries or damages received or sustained by any
person or persons or property, on account of any negligent act of the
Contractor, their agents or employees, or any subcontractor, in the
execution, supervision and operations growing out of or in any way connected
with the performance of this contract, and the Contractor will be required
to pay any judgment with costs which may be obtained against the Owner,
Engineer and Agent or any of their officers, agents or employees, including
attorney's fees.
The contractor shall indemnify and hold harmless and defend the Owner,
Engineer and Agent and all of their officers, agents and employees from all
suits, actions, claims, damages, personal injuries, property damage, losses
and expenses or any character whatsoever, including attorney's fees, bought
for or on account of any injuries or damages received or sustained by any
person or persons or property, on account of any act of the Owner, Engineer
or Agent or any of their officers, agents and employees, whether such
negligent act was the cause of the injury or damage, jointly and
concurrently with the Contractor or the Contractor's employees, agents or
subcontractor negligence, in the execution, supervision and operations
growing out of or in any way connected with the performance of this
contract. The Contractor will be required to pay any judgement with cost
which may be obtained against the Owner, Engineer and Agent or any of their
officers, agents or employees, including attorney's fees.
The Contractor agrees that he will indemnify and save the Owner, Engineer
and Agent harmless form all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics materialmen, and furnisher of
machinery and parts thereof, equipment, power tools, all supplies, including
commissary incurred in the furtherance of the performance of this contract.
When the Owner of Agent so desires the Contract shall furnish satisfactory
evidence that all obligations of the nature hereinabove designated have been
paid, discharged or waived.
In Paragraph 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK, add the following
subparagraph:
Neither the final certificate of payment nor any provision in the
Contract nor partial or entire use of the Improvements embraced in this
contract by the Sponsor or the public shall constitute an acceptance of work
not done in accordance with the Contract or relieve the Contractor of
liability in respect to any express warranties or responsibility for faulty
materials or workmanship. The Contractor shall promptly remedy any defects
in the work and pay for any damage to other work resulting therefrom which
appear within a period of twelve (12) months from the date of final
acceptance of the work.
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