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Van Fleet Water Production Facility Improvements BVP 13-196
<br /> such agreement as the parties and interests may reach. If no such agreement among the parties and
<br /> interests is reached,the County as fiduciary shall adjust and settle the loss with the insurers.
<br /> 6.5 Indemnification
<br /> 6.5.1 The Contractor, in consideration of the Ten Dollars ($10.00) and other valuable consideration,
<br /> shall indemnify, defend (by counsel reasonably acceptable to County) and hold harmless the County and
<br /> its employees and agents from and against all liabilities, claims, suits, demands, damages, losses and
<br /> expenses, including attorney fees, including, but not limited to or resulting from the performance of its
<br /> Work, provided that any such liability, claim, suit, demand, damage, loss or expenses(a) is attributable to
<br /> bodily injury, sickness, disease or death or injury to or destruction of tangible property, including the loss
<br /> of use resulting therefrom; and (b) is caused in whole or in part by an act or omission of the Contractor,
<br /> any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any
<br /> of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a
<br /> party indemnified hereunder.
<br /> 6.5.2 In any and all claims against the County or any of its agents or employees by any employee of
<br /> the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for
<br /> whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall
<br /> not be limited in any way as to the amount or type of damages, compensations or benefits payable by or
<br /> for the Contractor or any subcontractor under workers' compensation acts, disability benefit acts or other
<br /> employee benefit acts. '
<br /> 6.5.3 The Contractor shall indemnify and hold harmless the County and anyone directly or indirectly
<br /> employed by it from and against all claims, suits, demands, damages, losses or expenses (including
<br /> attorney fees) arising out of any infringement of patent or copyrights held by others; and shall defend all
<br /> such claims in connection with any alleged infringement of such rights.
<br /> ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES
<br /> 7.1 Supervision and Superintendence
<br /> 7.1.1 The Contractor shall provide at all times when the Work is being executed a competent
<br /> superintendent to supervise and direct the Work in accordance with the Contract Documents. The
<br /> Contractor shall provide the name of the superintendent that will be assigned the responsibility to
<br /> supervise the Work in the BVP submittal. This individual is a key component of the Work and, as such,
<br /> may be interviewed by the Evaluation Team during the interview phase of the process. If in the judgment
<br /> of the County the proposed superintendent lacks the experience, skills and expertise to competently and
<br /> efficiently supervise and direct the Work, then the County may require the Contractor to assign a
<br /> different superintendent. The Contractor shall be solely responsible for the means, methods, techniques,
<br /> sequences and procedures of construction, but the Contractor shall not be responsible for the negligence
<br /> of others in the design or specifications of a specific means, method,technique, sequence or procedure of
<br /> construction which is shown or indicated in and expressly required by the Contract Documents. The
<br /> Contractor shall be responsible to see that the completed Work complies accurately with the Contract
<br /> Documents.
<br /> 7.1.2 The Contractor shall keep on the Work at all times during its progress a competent resident
<br /> superintendent, who shall not be replaced without written notice to the County, through the Professional,
<br /> except under extraordinary circumstances. The superintendent will be the Contractor's representative at
<br /> the site and shall have authority to act on behalf of the Contractor. All communications to the
<br /> superintendent shall be as binding as if given to the Contractor.
<br /> 68
<br /> 112. 6
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