Safety of Employees and Property. The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: • Employees on the Project Site and other persons who may be affected thereby; • The Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or sub-subcontractors; and • Other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. The Contractor shall promptly remedy damage and loss (other than damage or loss insured under requirements of the Contract Documents) to property referred in this Section caused in whole or in part by the Contractor, Subcontractor, Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The Contractor shall designate a responsible member of the Contractor's organization at the Site whose duty shall be the prevention of accidents. This person shall be the Contractor's Superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. The Contractor shall not load or permit any part of the construction or Site to be loaded so as to endanger its safety.
Safety of Employees and Property. Upon receipt of written notice that the Work is ready for Final Inspection and upon receipt of a Final Application for Payment, the OWNER’S REPRESENTATIVE shall promptly inspect the Work. When the OWNER’S REPRESENTATIVE and OWNER find the Work acceptable under the Contract Documents and the Contract fully performed, the OWNER’S REPRESENTATIVE shall issue a Certificate for Final Payment. Neither final payment nor any remaining retainage shall become due until the CONTRACTOR submits to the OWNERS AUTHORIZED REPRESENTATIVE all information required in the Contract Documents, including, but not limited to, warranties, as- built plans, and operation and maintenance manuals. Furthermore, final payment, nor any remaining retainage, shall be due until the CONTRACTOR executes and presents to the OWNER a ‟ Certificate of Claims Paid” and ‟ Release of all Claims” form in such a form as may be acceptable to the OWNER. Acceptance of final payment by the CONTRACTOR shall comprise a release of all claims under the Contract, and receipt of which acknowledges full and complete payment for all Work done, materials and equipment furnished, and damages or claims arising under this Agreement.
