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3.13 Contractor's Representative. Before starting the Work, Contractor shall submit in
<br />writing the name, qualifications and experience of its proposed representative who shall be subj ect to
<br />the review and approval of the City ("Contractor's Representative"). Following approval by the City,
<br />the Contractor's Representative shall have full authority to represent and act on behalf of the
<br />Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and
<br />direct the Work, using his best skill and attention, and shall be responsible for all construction
<br />means, methods, techniques, sequences and procedures and for the satisfactory coordination of all
<br />portions of the Work under this Contract. Contractor's Representative shall devote full time to the
<br />Project and either he or his designee, who shall be acceptable to the City, shall be present at the
<br />Work site at all times that any Work is in progress and at any time that any employee or
<br />subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision,
<br />acceptable to the City, shall be made for emergency Work which may be required. Should
<br />Contractor desire to change its Contractor's Representative, Contractor shall provide the information
<br />specified above and obtain the City's written approval.
<br />3.14 Contract Interpretation. Should any question arise regarding the meaning or import of
<br />any of the provisions of this Contract or written or oral instructions from City, the matter shall be
<br />referred to City's Representative, whose decision shall be binding upon Contractor.
<br />3.15 Loss and Damage. Contractor shall be responsible for all loss and damage which may
<br />arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any
<br />unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the
<br />same is fully completed and accepted by City. However, Contractor shall be responsible for damage
<br />proximately caused by Acts of God, within the meaning of Section 4150 of the Government Code,
<br />only to the extent of five percent (5%) of the Total Contract Price as specified herein. In the event of
<br />damage proximately caused by "Acts of God," the City may terminate this Contract upon three (3)
<br />days advanced written notice.
<br />3.16 Indemnification. Contractor shall defend, indemnify and hold the City, its officials,
<br />officers, employees, volunteers and agents free and harmless from any and all claims, demands,
<br />causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
<br />persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or
<br />willful misconduct of Contractor, its officials, officers, employees, agents, consultants and
<br />contractors arising out of or in connection with the performance of the Work or this Contract,
<br />including without limitation the payment of all consequential damages and attorneys fees and other
<br />related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any
<br />and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or
<br />instituted against City, its directors, officials officers, employees, agents or volunteers. Contractor
<br />shall pay and satisfy any judgment, award or decree that maybe rendered against City or its directors,
<br />officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding.
<br />Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or
<br />volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith
<br />or in enforcing the indemnity herein provided.
<br />6 (November 2006)
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