|
• . lam'
<br /> that of an independent contractor , between the County and the Contractor , its employees ,
<br /> agents , subcontractors , or assigns , during or after the performance of this Contract . The
<br /> Contractor shall take the whole responsibility for the means , methods , techniques , sequences ,
<br /> and production of the Work .
<br /> The Contractor shall bear all losses resulting to him , or its , on account of the amount
<br /> or character of the Work , or because of the nature of the ground in or on which the Work
<br /> is done is different from what was assumed or expected , or because of bad weather , or
<br /> because of errors or omissions in his or its bid on the Contract price , or except as otherwise
<br /> provided in the Contract Documents because of any other causes whatsoever. Execution of
<br /> this Contract by the Contractor is a representation that the Contractor has visited the site ,
<br /> become familiar with the local conditions under which the Work is to be performed , and
<br /> correlated personal observations with the requirements of the Contract Documents .
<br /> The Contractor shall protect the entire Work , all materials under the Contract and
<br /> the County ' s property ( including machinery and equipment ) in , or on , or adjacent to the site
<br /> of the Work until final completion and Work , from the action of the elements , acts of other
<br /> contractors , or except as otherwise provided in the Contract Documents , and from any other
<br /> causes whatsoever; should any damage occur by reason of any of the foregoing , the
<br /> Contractor shall repair at his , or its , own expenses to the satisfaction of the County or its
<br /> Project Manager . Neither the County nor its officers , employees or agents assume any
<br /> responsibility for collection of indemnities or damages from any person or persons causing
<br /> injury to the Work of the Contractor .
<br /> At his , or its expense , the Contractor shall take all necessary precautions ( including
<br /> without limitation ) the furnishing of guards , fences , warnings signs , walks , flags , cables and
<br /> lights for the safety of and the prevention of injury , loss and damage to persons and property
<br /> ( including without limitation ) in the term persons , members of the public , the County and its
<br /> employees and agents , the Project Manager and his employees , Contractor ' s employees , his
<br /> or its subcontractors and their respective employees , other contractors , their
<br /> subcontractors and respective employees , on , about or adjacent to the premises where said
<br /> Work is being performed , and shall comply with all applicable provisions of safety laws , rules ,
<br /> ordinances , reguirations and orders of duly constituted public authorities and building codes .
<br /> The Contractor assumes all risk of loss , damage and destruction to all of his or its
<br /> materials , tools appliances and property of every description and that of his or its
<br /> subcontractors and of their respective employees or agents , and injury to or death of the
<br /> Contractor , his or its employees , subcontractors or their respective employees or agents ,
<br /> including legal fees , court costs or other legal expenses , arising out of or in connection with
<br /> the performance of this Contract .
<br /> g: \atty \agreemnt \PHILLIPS — 7 —
<br />
|