2017-00492 - ROW permit - Laserfiche WebLink

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25. CONTRACT SECURITY 25.1 The CONTRACTOR shall within ten(10)days after the receipt of the NOTICE OF AWARD furnish the OWNER with a Performance Bond and a Payment Bond in penal sums to the amount of the CONTRACT PRICE,conditioned upon the performance by the CONTRACTOR of all undertakings,covenants,terms,conditions and agreements of the CONTRACT DOCUMENTS,and upon the prompt payment by the CONTRACTOR to all persons supplying labor and MATERIALS in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed by the CONTRACTOR and a corporate bonding company licensed to transact such business in the state in which the WORK is to be performed. The expense of these BONDS shall be borne by the CONTRACTOR. If at any time a surety on any such BOND is declared bankrupt or loses its right to do business in the state in which the WORK is to be performed,the CONTRACTOR shall within ten(10)days after notice from the OWNER to do so, substitute an acceptable BOND(or BONDS)in such form and sum signed by such other surety or sureties as may be satisfactory to the OWNER. The premiums on such BOND shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished as acceptable BOND to the OWNER. 26. ASSIGNMENTS 26.1 Neither the CONTRACTOR nor the OWNER shall sell,transfer,assign or otherwise dispose of the CONTRACT or any portion thereof,or of his right,title or interest therein, or his obligations thereunder,without written consent of the other party. 27. INDEMNIFICATION 27.1 The CONTRACTOR will 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 claims,damage,loss or expense is attributable to bodily injury, sickness,disease,or death,or to injury to or destruction of tangible property including the loss of use resulting therefrom;and is caused in whole or in party by any negligent or willful act or omission of the CONTRACTOR,and SUBCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 27.2 In any and all claims against the OWNER or the ENGINEER,or 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 may be liable,the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages,compensation or benefits payable by or for the CONTRACTOR or any SUBCONTRACTOR under worker's compensation acts, disability benefit acts or other employee benefits acts. 27.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the ENGINEER,his agents or employees arising out of the preparation or approval of maps,PLANS,opinions,reports,surveys,CHANGE ORDERS,designs or SPECIFICATIONS. GC-19