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3.08 DAMAGES. In the event the CONTRACTOR is damaged in the eourse of the comple-
<br />tion of the work by the act, neglect, omission, mistake or default of the OWNER, or of the
<br />ENGINEER, or of any other CONTRACTOR employed by the OWNER upon the work, therebv
<br />causing loss to the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR
<br />for such loss. In the event the OWNER is damaged in the course of the work by the act, negligence,
<br />omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably
<br />delay the progress of the work being done by others on the job so as to cause loss for which the
<br />OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss.
<br />3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The
<br />CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and
<br />others on or near the work and shall comply with all applicable provisions of Federal, State, and
<br />Municipal safety laws and building and construction codes. All machinery and equipment and
<br />other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
<br />Construction" of the Associated General Contractors of America except where incompatible with
<br />Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery
<br />guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions
<br />actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at
<br />his discretion as an indepenaent contractor.
<br />3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further
<br />agreed by the parties to this Contract that the CONTRACTOR will execute separate performance
<br />and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in
<br />standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment
<br />of any guarantees required, and further guaranteeing payment to all persons supplying labor and
<br />materials or furnishing him any equipment in the execution of the Contract, and it is agreed that
<br />this Contract shall not be in effect until such performance and payment bonds are furnished and
<br />approved by the OWNER.
<br />Unless otherwise approved in writing by the OWNER, the surety company underwriting the
<br />bonds shall be acceptable according to the latest list of companies holding certificates of authority
<br />from the Secretary of the Treasury of the United States.
<br />Unless otherwise specified, the cost of the premium for the performance and payment bonds
<br />shall be included in the CONTRACTOR'S proposal.
<br />3.11 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to
<br />the CONTRACTOR arising out of the nature of the work to be done, or from the action of the
<br />elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual
<br />obstructions or difficulties which may be encountered in the prosecution of the work, shall be
<br />sustained and borne by the CONTRACTOR at his own cost and expense.
<br />3.12 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take
<br />proper means to protect the adjacent or adjoining property or properties in any way encountered,
<br />which might be injured or seriously affected by any process of construction to be undertaken under
<br />this Agreement, from any damage or injury by reason of said process of construction; and he shall
<br />be liable for any and all claims for such damage on account of his failure to fully protect all
<br />adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER
<br />and ENGINEER against any claim or claims for damages due to any injury to any adjacent or
<br />adjoining property, arising or growing out of the performance of the contract; but any such
<br />indemnity shall not apply to any claim of any kind arising out of the existence or character
<br />of the work.
<br />3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATER-
<br />IALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND StTPPLIES. The CONTRAC-
<br />TOR agrees that he will indemnify and save the OWNER and ENGINEER harmless from all claims
<br />growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen
<br />and furnishers of macliinery and parts thereof, equipment, power tools, and all supplies, including
<br />commissary, incurred in the furtherance of the performance of this contract. When so desired by
<br />the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the
<br />G-6 o ey 1- S-0,,,,, AsCe 1971
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