Reso 2024-3674 - Laserfiche WebLink

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or their protection from damage, injury or loss, and shall give all notices required by same; this requirement includes, but is not limited to, the United States Occupational Safety and Health Act and the Florida Trench Safety Act, Florida Statute S 553.60. 7.14 Indemnity 7.14.1. To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless CITY, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable. attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Contract. This indemnification shall survive the term of this Contract. 7.15 Value Engineering Incentive 7.15.1. The City encourages the Contractor to make timely value engineering and cost savings recommendations. In the event the City approves by duly executed change order any value engineering or cost savings recommendation of the Contractor, and in the further event the Contract Sum is reduced thereby, any savings shall be shared with Seventy -Five Percent (75%) being allocated City and Twenty -Five Percent (25%) being allocated to the Contractor. It is agreed, however, that the Contractor shall procure and obtain at its sole cost and expense all change orders, drawings, specifications, permits, approvals, or other documents required in order to implement the value engineering or cost savings recommdation. ANY CLAIM UNDER THIS PARAGRAPH MUST BE SUBMITTED IN WRITING TO THE CITY AND THE ENGINEER / ARCHITECT PRIOR TO THE EXECUTION OF THE CHANGE ORDER INCORPORATING THE CONTRACTOR'S RECOMMENDATION OTHERWISE SAID CLAIM IS EXPRESSLY WAIVED. Any savings allocated to the Contractor under this Paragraph shall be paid at the time of Final Payment to the Contractor. 7.16 Miscellaneous 7.16.1. Prior to commencement of the Work, the Contractor shall submit to the City a plan for site access and control of construction traffic. Said plan shall include, but not be limited to, an enumeration of each construction access point to the site and a description of how access will be controlled and regulated; a description of any impact that construction traffic may have on the public streets and highways, and the Contractor's plan for minimizing and reducing such impact; and, the name and address of the individual employed by the Contractor who shall have responsibility for control and management of construction traffic. Approval by the City of this plan is a condition precedent to payment of any sums to the Contractor. The Contractor furthermore agrees to cooperate with the City and all other appropriate governmental entities with respect to the control, regulation, scheduling and management of construction traffic. Page 20 of 43 288