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r E-1 whatsoever. The CONTRACTOR shall rebuild, repair, restore and make good, at his own expense, damages to any portion of the work before its completion and acceptance. 2.4 Final Cleanup. Before the work is considered complete, at I rubbish and unused material due to, or connected with, the work must be removed and the premises left in a condition satisfactory to the OWNER. Al 3 property, public or private, disturbed or damaged, during the execution of the work shall be restored to its former condition. Final payment will be withheld until such work is accomplished. 3.0 SAFETY AND PROTECTION 3.1 Safety. The CONTRACTOR shall furnish and install al I necessary equipment for the protection of the workers and shall conduct work in a manner best calculated to avoid injury to workers. 3.2 Protection of Native Upland Vegetation, The CONTRACTOR shall apply herbicide in a prudent manner to avoid damage and/or death to native tropical hammock vegetation and the mangrove fringe. The CONTRACTOR shall, at no additional expense to the OWNER, replant or have replanted all native vegetation that is damaged or destroyed as a result of careless herbicide application. 3.3 Protection of Water Quality and Submerged Aquatic Vegetation. The CONTRACTOR shall operate watercraft in a prudent manner to avoid damaging submerged aquatic vegetation beds adjacent to the islands. The CONTRACTOR shall immediately notify the Indian River County Environmental Planning Section and the Florida Department of Environmental Protection of any chemical spill regardless of size. The CONTRACTOR shall be liable for all fines imposed by regulatory agencies as a result of careless watercraft operation and/or a chemical spill. 3.4 Protection of Marine Wildlife. The CONTRACTOR shall comply with all state, federal and local regulations pertaining to manatee protection. 3.5 Herbicide Containers and Materials Storage. The CONTRACTOR shall be responsible for proper disposal of all herbicide containers and material used at thejob site. No work- related materials or equipment shall be stored overnight on public property. 4.0 TE RMINATION/DEFAULT 4.1 If the CONTRACTOR shall be adjudged as bankrupt, or if lie 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 perforin, or be guilty of a substantial violation of any provision of tite contract documents, then the OWNER, ager 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 ten (10) days, 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. Tile CONTRACTOR shall be liable to the OWNER for any damages resulting from such default. 5.0 DELAY 5.1 Notwithstanding the contract schedule, the County shall have tile right to delay performance for up to three (3) months as necessary or desirable, and such delay shall not be deemed a breach of contract, but the contract schedule shall be extended for a period equivalent to the time lost by reason of the County's delay. 18