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5.403 Permits and Licenses Except as otherwise
<br />provided, the Contractor shall procure all permits
<br />and licenses, pay all charges and fees, and give all
<br />notices necessary and incidental to the due and
<br />lawful prosecution of the work.
<br />5.404 Contractor's Licensin Laws Attention is
<br />directed to the PrOvis_1_0_ns___0T Chapter 9 of Division
<br />3 of the Business and Professions Code concerning
<br />the licensing of contractors.
<br />All hidders and contractor, shall hr licenced in
<br />accordance with the laws of the State of California
<br />and any bidder or contractor not so licensed is
<br />subject to the penalties imposed by such laws.
<br />5.405 Patents The' Contractor shall assume all
<br />response ides arising from the use of patented
<br />materials, equipment, devices or processes used on
<br />or incorporated in the work.
<br />5.406 Safety Provisions The Contractor shall
<br />conform to the rules and regulations pertaining to
<br />safety established by the California Division of
<br />Industrial Safety.
<br />5.407 Public Convenience and Safety The
<br />Conti -actor shall so conduct the operation as to
<br />cause the least possible obstruction and
<br />inconvenience to public traffic. Unless other
<br />vxI%fluff %lirrf. ora :l lI'll l.lnd In Ihr 1.I1r, fal
<br />Provisions to be used as detours, oll trotfic shall
<br />be permitted to pass through the work.
<br />Residents along the road or street shall be provided
<br />Passage as far as practicable. Convenient access to
<br />driveways, houses and buildings along the road or
<br />street shall be maintained and temporary crossing
<br />shall be provided and maintained to good condition.
<br />Not more than one cross or intersecting street or
<br />road shall be closed at any one time without the
<br />approval of the City Engineer.
<br />The Contractor shall furnish, erect and maintain
<br />such fences, barriers, lights, signs and flag
<br />persons as are necessary to give adequate warning to
<br />the public at all times that the road or street is
<br />under construction and of any dangerous conditions
<br />to be encountered as a result thereof, and shall
<br />also erect and maintain such warning and directional
<br />signs as may be furnished by the City.
<br />Signs, lights, flags and other warning and safety
<br />devices shall conform to the requirements set forth
<br />in the current "Manual of Warning Signs, Lights and
<br />Devices for Use in Performance of Work upon
<br />Highways," issued by the State of California
<br />Department of Transportation. Copies of this manual
<br />are on file with the Public Works Department.
<br />No material or equipment shall be stored where it
<br />will interfere with the free and safe passage of
<br />public traffic, and at the end of each day's work
<br />and at other times when construction operations are
<br />suspended for any reason, the Contractor shall
<br />remove all equipment and other obstructions from
<br />that portion of the roadway open for use by public
<br />traffic.
<br />Full compensation for doing the above-mentioned work
<br />shall be included in the price paid for the various
<br />contract items of work, and no additional
<br />compensation will be allowed therefor.
<br />5.4
<br />5.408 Pre,ervation of Property Due care shall be
<br />exercised to avoid injury to existing improvements
<br />or facilities, utility facilities, adjacent
<br />property, and trees, shrubs and other plants that
<br />are not to be removed.
<br />Trees, shrubs and other plants that are not to be
<br />removed, and pole lines, fences, signs, markers and
<br />monuments, buildings and structures, and any other
<br />above ground improvements or facilities and all
<br />underground facilities shown on the plans or brought
<br />to the Contractor's attention during the contract,
<br />wiLhin or adjacent to the highway, shall be
<br />protected from injury or damage; and if ordered by
<br />the Engineer, the Contractor shall provide and
<br />install suitable safeguards, approved by the
<br />Engineer, to protect such objects from injury or
<br />damage. Such objects injured or damaged by reason
<br />of the Contractor's operations shall be replaced or
<br />restored to a condition as good as when the
<br />Contractor entered upon the work, or as good as
<br />required by the specifications accompanying the
<br />contract. The Engineer may make or cause to be made
<br />such temporary repairs as are necessary to restore
<br />to service any damaged facility. The cost of such
<br />repairs shall be borne by the Contractor and may be
<br />deducted from any moneys due or to become due to the
<br />Contractor under the contract. 4
<br />Full compensation for furnishing all labor,
<br />rnatnrfalc, tools, orinirment and inridental,, and for
<br />doIny all Lhc wurh IoVuIVed In prulruLIng ui'
<br />repairing property as specified in this section,
<br />shall be considered as included in the prices paid
<br />for the various contract items of work, and no
<br />additional compensation will be allowed therefor.
<br />5.409 Res onsibilit for Damage The City of
<br />Lodi, the City Council, all officers and employees
<br />or agent shall not be answerable or accountable in
<br />any manner for any loss or damage that may happen to
<br />the work or any part thereof; or for any material or
<br />equipment used in performing the work; or for injury
<br />or damage to any person or persons, either work
<br />personnel or the public; for damage to adjoining
<br />property from any cause whatsoever during the
<br />progress of the work or any time before final
<br />acceptance.
<br />The Contractor shall indemnify and save harmless the
<br />City of Lodi, the City Council, all officers and
<br />employees or agent from any suits, claims or actions
<br />brought by any person or persons for or on account
<br />of any injuries or damages sustained or arising in
<br />the construction of the work or in consequence
<br />thereof. The City Council may retain as much of the
<br />money due the Contractor as shall be considered
<br />necessary until disposition has been made of such
<br />suits or claims for damages as aforesaid.
<br />5.410 Contractor's Responsibility for Work
<br />Except as provided above, until t e orma
<br />acceptance of the work by the City Council, the
<br />Contractor shall have the charge and care thereof
<br />and shall bear the risk of injury or damage to any
<br />part thereof by the action of the elements or from
<br />any other cause, whether arising from the execution
<br />or from the nonexecution of the work.
<br />The Contractor shall rebuild, repair, restore and
<br />make good all injuries or damages to any portion of
<br />the work occasioned by any of the above causes
<br />before final acceptance and shall bear the expenses
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