2008-399B - Laserfiche WebLink

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Safety . The CONTRACTOR shall furnish and install all necessary equipment and facilities for the protection of the workers and the safety of the public and shall carry on this work in a manner best calculated to avoid injury to the public or to the workers . Protection of Adjacent Property and Utilities : The CONTRACTOR shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through his operations . These documents do not disclose the location of any existing utilities, buried facilities, or seawall structures . Determination of the location of any subsurface items is the complete responsibility of the CONTRACTOR. Before digging the Contractor shall call Sunshine State One Call ( SSOCOF ) 811 and ( 800 ) 432-4770 , to call for location of underground facilities . The CONTRACTOR shall take cognizance of all existing utilities and he shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional costs to the OWNER any breakage or damage caused by his operation. Should the OWNER be required to make such repairs, the cost of such repairs shall be deducted from any payments due the CONTRACTOR. 4 . TERMINATION/DEFAULT If the CONTRACTOR shall be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditor(s) , or if a receiver shall be appointed for the CONTRACTOR, or if he should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper materials , or if he should refuse or fail to make payment to persons supplying labor or materials for the work under the contract, or persistently disregards instructions of the OWNER, or fails to observe or perform, or otherwise be in substantial violation of, any provision of the contract documents, then the OWNER, after serving at least ten (10) days prior written notice to the CONTRACTOR of its intent to terminate, and such default shall continue unremedied for a period of seven (7) days after receipt by the CONTRACTOR of such notice , may terminate the contract without prejudice to any other rights or remedies and take possession of the work; and the OWNER may take possession of, and utilize in completing the work, such materials , appliances and equipment as may be on the site of the work and necessary therefore. The CONTRACTOR shall be liable to the OWNER for any damages resulting from such default. 5. DELAY In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from any delay whatsoever. The CONTRACTOR' s sole and exclusive remedy for delays to the project is an extension of time . 6. WARRANTY/GUARANTEE CONTRACTOR warrants and guarantees to OWNER that all materials will be new unless otherwise specified and that all work will be of good quality and free from defects and in accordance with the Specifications. Page 13 of 55