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relocation or replacement in the course of construction. The Contractor shall comply with all
<br />applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on
<br />safety of persons or property or their protection from damage, injury or loss, and shall give all
<br />notices required by same; this requirement includes, but is not limited to, the United States
<br />Occupational Safety and Health Act and the Florida Trench Safety Act, Florida Statute S 553.60.
<br />7.14 Indemnity
<br />7.14.1. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless
<br />City, its officers, officials, and employees, from liabilities, damages, losses, and costs, including, but
<br />not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness,
<br />omissions, or intentional wrongful conduct of Contractor and persons employed or utilized by
<br />Contractor in the performance of this Contract, including but not limited to, subcontractors. This
<br />indemnification shall survive the term of this Contract.
<br />7.15 Value Engineering Incentive
<br />7.15.1. The City encourages the Contractor to make timely value engineering and cost
<br />savings recommendations. In the event the City approves by duly executed change order any value
<br />engineering or cost savings recommendation of the Contractor, and in the further event the
<br />Contract Sum is reduced thereby, any savings shall be shared with Seventy -Five Percent (75%) being
<br />allocated City and Twenty -Five Percent (25%) being allocated to the Contractor. It is agreed,
<br />however, that the Contractor shall procure and obtain at its sole cost and expense all change orders,
<br />drawings, specifications, permits, approvals, or other documents required in order to implement
<br />the value engineering or cost savings recommdation. ANY CLAIM UNDER THIS PARAGRAPH MUST
<br />BE SUBMITTED IN WRITING TO THE CITY AND THE ENGINEER / ARCHITECT PRIOR TO THE
<br />EXECUTION OF THE CHANGE ORDER INCORPORATING THE CONTRACTOR'S RECOMMENDATION
<br />OTHERWISE SAID CLAIM IS EXPRESSLY WAIVED. Any savings allocated to the Contractor under this
<br />Paragraph shall be paid at the time of Final Payment to the Contractor.
<br />7.16 Miscellaneous
<br />7.16.1. Prior to commencement of the Work, the Contractor shall submit to the City a plan
<br />for site access and control of construction traffic. Said plan shall include, but not be limited to, an
<br />enumeration of each construction access point to the site and a description of how access will be
<br />controlled and regulated; a description of any impact that construction traffic may have on the
<br />public streets and highways, and the Contractor's plan for minimizing and reducing such impact;
<br />and, the name and address of the individual employed by the Contractor who shall have
<br />responsibility for control and management of construction traffic. Approval by the City of this plan
<br />is a condition precedent to payment of any sums to the Contractor. The Contractor furthermore
<br />agrees to cooperate with the City and all other appropriate governmental entities with respect to
<br />the control, regulation, scheduling and management of construction traffic.
<br />7.16.2. The Contractor shall be responsible for, and shall pay the cost of, all temporary
<br />facilities used, or made available, during the course of the Work. These facilities include, but shall
<br />not be limited to, electric power, gas, water, sewage and sanitation, waste removal and disposal,
<br />telephone, and temporary office facilities. The Contractor shall timely pay for all such temporary
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