General Requirements and Covenants (2)

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• • • underground structures; and shall protect carefully from disturbance or damage all.'.land monuments and property marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. The Contractor shall not injure or destroy trees or shrubs nor remove or cut them without proper authority. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence, of the non -execution thereof on the part of the Contractor, such property shall be restored by the Contractor and at the Contractors expense, to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring same, or he shall make good such damage or injury in an acceptable manner. If the Contractor fails to carry out the provisions of this subsection, the Engineer shall have the right to have them carried out and deduct the same from any money due or to become due the Contractor. 7 ,RESPONSIBILITY FOR DAMAGE CLAIMS - The Contractor and surety shall save harmless the State, County and all of its representatives from all suits, actions or claims of any character brought on account of any injuries or damages sus- tained by any person or property in consequence of any neglect in safeguarding the work or through the use of unacceptable materials in the construction of the improvement or on account of any act or omission by said Contractor or his agents. The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor and other just claims against him or any subcontractor in connection with this contract and his bond will not be released by final acceptance and payment by the Department unless all such claims are paid or released, or so much of the monies due or to become due the Contractor, under this contract as shall be considered necessary by the Engineer may be retained by the Department. The Contractor shall save harmless the government and all of its repre- sentatives from all suits, actions or claims of any character brought on account of any claims or amounts arising or recovered under the Workmen's Compensation laws or any other laws, by-law, ordinance, order or decrees Should any suit or claim be filed against the Contractor, the Engineer shall retain, from any monies due to the Contractor, such amount or amounts as may be deemed necessary by the said Engineer until such suits or claims have been finally settled and determined and upon satisfactory evidence of such settlement of such suits or claims the money retained shall be paid to the Contractor. 7„0 CONTRACTOR9S REsPoNSZBuTuOR WORK - Until acceptance by the Engineer of any part of all of the construction as provided for in these specifications, it shall be under the charge and care of the Contractor; and he shall take every necessary precaution against injury or damage to any part of the work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repairs, restore and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the above causes before its completion and acceptance. The Contractor shall be responsible for coordi- nating the work of all trades on the job and shall be liable for the acts of the sub -contractors as the prime contractor on the project. Section 7 Page 34