(A) The contractor shall defend, indemnify and hold harmless the District, and each of its Directors, officers, employees, agents and, if applicable, any public entities or private property owners on whose property the work is being performed from and against any and all liability, including, but not limited to, penalties, fines, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expert witness fees (collectively “claims”) resulting from:
(1) Any alleged or actual infringement or violation of any patent or patent right arising in connection with the performance of the work and anything done thereunder;
(2) Any injury to or death sustained by any person (including contractor’s own employees) or damage to property of any kind, which injury, death or damage arises from or in any way connected with the contractor’s performance of the work;
(3) Any breach by the contractor of any of the obligations and covenants, and any other terms and conditions of the permit; and
(4) Any violation by the contractor or his or her subcontractors of one or more occupational safety and health standards, regulations or orders, where the contractor or his or her subcontractor is found to be the CAUSING EMPLOYER, as defined by Title 8 C.C.R. § 336.10. The contractor, or his or her subcontractor, shall have the right to appeal such citations at his or her sole expense. The District shall provide reasonable cooperation to the contractor in its appeal of any citations. In the event the contractor or subcontractor either fails to timely appeal the citations and/or citations are upheld after an appeal hearing, the contractor shall, within 30 days, pay the fines that were assessed against the District.
(B) Contractor’s aforesaid obligation of indemnity and defense shall not extend to that portion of the claims that is caused by the sole negligence or willful misconduct of the District, its directors, officers, employees or agents. These obligations of defense and indemnification shall extend to claims asserted after the completion of the work.
(C) The contractor shall be solely responsible to provide uninterrupted sewer service to all properties covered by work performed per approved permits. The contractor shall protect and indemnify the District, the District Board, the Engineer, the inspector and all their officers, agents and employees against any claim or liability arising from or based on failure to provide continuous service.
(Ord. 2019-02, passed 4-25-2019)