Back-Charge / Setoff Rights
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…arge all such liabilities of Contractor, Contractor shall continue to remain liable to City until all such liabilities are satisfied in full. No failure by City to withhold any payment as specified above shall in any manner be construed to constitute a release of any such liabilities nor a waiver of the City’s right to withhold payment for such liabilities. Form approved by City Attorney 1-11-17
Broad Indemnification
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16. INDEMNITY AND HOLD HARMLESS A. Contractor shall defend, hold harmless and indemnify the City, its officers, employees, and agents, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, whether arising on or off the site of the Work, including, but not li
Hazardous Material / Abatement Coordination
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…8 South Land Park Drive, along the rear fence line. The pipe alignment is beneath an oak tree and next to an active 8- inch diameter asbestos cement water main. USA markings indicate the water and sewer mains are less than two feet apart. Previous inspections located a large fracture at a joint approximately six feet downstream of manhole 119RR13. There is a pond with water fall near manhole 119R
Liquidated Damages
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…n completion of the work within a period of 45 working days commencing on the date specified in the Notice to Proceed. The amount of liquidated damages to be paid by the Contractor for failure to complete the work by the completion date (as extended, if applicable) shall be Six Hundred Dollars ($600.00) for each calendar day, continuing to the time at which the work is completed. Such amount is t
No Material Substitutions Without Owner Approval
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…ed LBE fails to perform its contractual obligations. 5. It would be in the best interest of the City. C. Subcontractor Substitution: No substitution of an LBE subcontractor shall be made at any time without compliance with the Subletting and Subcontracting Fair Practices Act. If an LBE subcontractor is unable to perform successfully and is to be replaced, the Contractor shall make reasonable effo