REGULAR MEETING OF THE WELLINGTON VILLAGE COUNCIL

Wellington Council Meeting April 10, 2012 Page 56 of 384
All Work performed for CONTRACTOR by a Subcontractor will be pursuant
to an appropriate agreement between CONTRACTOR and the
Subcontractor which specifically binds the Subcontractor to the applicable
terms and conditions of the Bid Documents for the benefit of CITY.
40.13 CONTRACTOR shall obtain and pay for all permits and licenses.
CONTRACTOR shall pay all governmental charges and inspection fees
necessary with the exception that all CITY OF MARGATE permit and
inspection fees related to this Contract shall be waived.
41. RISK OF LOSS; TITLE:
The risk of loss, injury or destruction shall be on CONTRACTOR until
acceptance of the work by CITY. Title to the Work shall pass to CITY upon
acceptance of the Work by CITY.
42. ACCESS TO WORK: CONTRACTOR shall provide CITY, CITY’S consultants,
representatives and personnel, independent testing laboratories and
governmental agencies with jurisdictional interests with access to the work at
reasonable times for their observation, inspection and testing. CONTRACTOR
shall provide them proper and safe conditions for such access and advise them
of CONTRACTOR'S site safety procedures and programs so that they may
comply therewith.
43. INDEMNIFICATION: The Contractor agrees to indemnify, defend, save, and
hold harmless the City, its officers and employees, from or on account of all
damages, losses, liabilities, including but not limited to reasonable attorneys
fees, and costs to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the Contractor and persons employed or
utilized by the Contractor in the performance of this contract.
44. SURVIVAL OF OBLIGATIONS: All representations, indemnification,
warranties and guarantees made in, required by, or given in accordance with
this Agreement, as well as all continuing obligations indicated in the Bid
Documents, shall survive final payment, completion and acceptance of the
work and termination or completion of the Agreement.
45. CORRECTION AND REMOVAL OF DEFECTIVE WORK: If required by
CITY or CITY’S REPRESENTATIVE, CONTRACTOR shall promptly, as
directed, either correct all defective Work, whether or not fabricated, installed or
completed, or, if the Work has been rejected by CITY OR CITY’S
REPRESENTATIVE, remove it from the site and replace it with non-defective
Work. CONTRACTOR shall bear all direct, indirect and consequential costs of
such correction or removal (including but not limited to fees and charges of
Architects, attorneys and other professionals) made necessary thereby.
BID NO. 2012-008 17