Common use of ADDITIONAL CONTRACTOR RESPONSIBILITIES Clause in Contracts

ADDITIONAL CONTRACTOR RESPONSIBILITIES. 27.1 Contractor shall be responsible for the entire performance under this Contract, regardless of whether the Contractor itself performs. 27.2 The Contractor represents and warrants the following to the Owner (in addition to the other representations and warranties contained in the Contract Documents) as an inducement to the Owner to execute the Contract Documents, which representations and warranties shall survived the execution and delivery of the Contract Documents and the final completion of the Work; 27.2.1 That it is financially solvent, able to pay its debts as they mature and possesses sufficient working capital to complete the Work and perform its obligations under the Contract Documents; 27.2.2 That it, through its Subcontractors or otherwise, is able to furnish the plant, tools, materials, supplies, equipment and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so; 27.2.3 That it is authorized to do business in the state where the Project is located and properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over it and over the Work and the Site of the Project; 27.2.4 That its execution of the Contract Documents and its performance thereof have been duly authorized by all necessary corporate action; and 27.2.5 That its duly authorized representative has visited the Site of the Work, familiarized himself with the local conditions under which the Work is to be performed and correlated his observations with the requirements of the Contract Documents. 27.3 Contractor shall be the sole point of contact concerning the management of this Contract, including performance and payment issues. 27.4 Contractor shall be solely and completely responsible for adherence by the Contractor Parties to all applicable provisions of this Contract. 27.5 The Contractor will submit a resume for the proposed Project Superintendent and all other pertinent information required to obtain the University’s written approval of the Project Superintendent. The Project Superintendent will be approved by the University and will be on the Site whenever scheduled or significant work is being performed. The Contractor will not change the Project Superintendent without the written consent of the University. The Project Superintendent will attend all scheduled project meetings. The Contractor will list "Field Supervision" as a separate line item on the Schedule of Values. The University reserves the right to withhold money from the Contractor's monthly Application for Payment for any unauthorized deviation from the full-time supervision requirement set forth above. 27.6 The University shall closely monitor the individual actions of the Contractor’s employees and Subcontractor(s) employees. Any and all instances of damage or lack of concern for state property will be aggressively investigated to determine safe methods for eliminating damage to state property up to and including the removal of the Contractor’s employee or Subcontractor(s) employee responsible for the damages from the campus. The University’s Police Department and Facilities Management Department shall investigate all actions involving the Contractor’s and Subcontractor(s)’ employees and State Property damages in accordance with this Contract. The Contractor shall be responsible for reimbursing the University for all damage caused by its and Subcontractor(s) employees. 27.7 Contractor shall comply with all applicable federal, state and municipal laws, ordinances, building, and construction codes. Contractor shall insure that all of its employees, Subcontractor(s) and subcontractor employees shall acquire and possess all required permits and licenses. Contractor shall be responsible for the payment of all fees associated with these permits, licenses and inspections. 27.8 Contractor is expected to understand and follow all of the University’s Office of Environmental, Health and Safety policies. The Contractor is expected to meet with the Director of the University’s Office of Environmental Health and Safety prior to commencing work or as required.

ADDITIONAL CONTRACTOR RESPONSIBILITIES. 27.1 1. Contractor shall appoint, by name, a company representative who will be its project manager (“Project Manager”). The Project Manager shall be responsible for servicing all work covered by this contract. The Project Manager shall be responsible for, but not limited to, the entire performance under this Contractfollowing services: pricing, regardless of whether invoice procedures, manpower, supervision, reporting man-hours and materials cost, expediting, troubleshooting, and in general providing all functions as necessary to insure that the Contractor itself performsaccount and the facilities will be maintained in a condition that will allow UTMDACC to promptly pay all invoices due. The Project Manager shall attend all pre-bid meetings. 27.2 2. The following shall be the minimum requirements for Contractor’s personnel: 2.1 The Project Manager will insure all work is performed in a professional manner with the proper size crew scheduled and the work is completed properly. The Project Manager will not be required to be on site at all times. 2.2 Contractor represents shall furnish, as a minimum, five (5) licensed supervisors (“Supervisor” or “Supervisors”) for work at UTMDACC with one (1) Supervisor on- site whenever Contractor’s work is in progress. 2.3 All personnel, workers and warrants Supervisors, shall be full time licensed employees of Contractor. 2.3.1 Temporary or day laborers may not be used in lieu of Contractor’s employees as part of this contract. Contractor shall not be allowed to subcontract any portion of work that is the following subject of these Guidelines, Technical Specifications or the contract awarded as a result of this bid. 2.3.2 Contractor shall provide as part of its bid package copies of the licenses of all personnel that will be working at UTMDACC. 2.3.3 Contractor may not change any personnel without consultation of UTMDACC Contract Project Coordinators. 2.4 All vehicles used by Contractor to perform this contract must be clearly marked as belonging to Contractor. 2.5 Contractor’s equipment must be clean and free of dirt and grease. Only equipment with wheels of the type that will not damage the floor or carpet may be used at UTMDACC facilities. Where necessary Contractor will be responsible to protect the floor and walls. 2.6 Contractor will be required to work only in the assigned work areas and only park in the designated areas. When working in a secured area previous authorization must be obtained from UTMDACC as described above. 2.7 Contractor shall diligently perform the work in accordance with good industry practices and in a workmanlike manner. Contractor shall use such methods and supervision so as to insure satisfactory quality of work conforming to the Owner (in addition to the other representations provisions of these Guidelines, Technical Specifications and warranties contained any contract awarded that resulted from Contractor’s bid. 2.8 Contractor will be responsible for repair or replacement of any UTMDACC items damaged or ruined by negligence in the Contract Documentsperformance or process of its work. 2.9 Response time for a Project Manager to arrive to inspect an emergency abatement project shall be within two (2) as an inducement hours of being contacted by UTMDACC. Due to the Owner to execute the Contract Documents, which representations and warranties shall survived the execution and delivery of the Contract Documents and the final completion of the Work; 27.2.1 That it is financially solvent, able to pay its debts as they mature and possesses sufficient working capital to complete the Work and perform its obligations under the Contract Documents; 27.2.2 That it, through its Subcontractors or otherwise, is able to furnish the plant, tools, materials, supplies, equipment and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so; 27.2.3 That it is authorized to do business in the state where the Project is located and properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over it and over the Work and the Site of the Project; 27.2.4 That its execution of the Contract Documents and its performance thereof have been duly authorized by all necessary corporate action; and 27.2.5 That its duly authorized representative has visited the Site of the Work, familiarized himself notice requirements that must be filed with the local conditions under which the Work is to be performed and correlated his observations with the requirements State of the Contract Documents. 27.3 Texas, Contractor shall be required to commence and cease work at the sole point of contact concerning time set by the management of this Contract, including performance and payment issuesContract Project Coordinator. 27.4 2.10 Contractor shall be solely agrees that it will promptly pay all labor costs. It is understood and completely responsible for adherence by the Contractor Parties to all applicable provisions of this Contract. 27.5 The agreed that Contractor will submit a resume for the proposed Project Superintendent and all other pertinent information required to obtain the University’s written approval of the Project Superintendent. The Project Superintendent will be approved by the University and will be on the Site whenever scheduled or significant work is being performed. The Contractor will not change the Project Superintendent without the written consent of the University. The Project Superintendent will attend all scheduled project meetings. The Contractor will list "Field Supervision" as a separate line item on the Schedule of Values. The University reserves the right to withhold money from the Contractor's monthly Application for Payment for any unauthorized deviation from the full-time supervision requirement set forth above. 27.6 The University shall closely monitor the individual actions of the Contractor’s employees and Subcontractor(s) employees. Any and all instances of damage or lack of concern for state property will be aggressively investigated to determine safe methods for eliminating damage to state property up to and including the removal of the Contractor’s employee or Subcontractor(s) employee responsible for the damages from the campus. The University’s Police Department and Facilities Management Department shall investigate all actions involving the Contractor’s and Subcontractor(s)’ employees and State Property damages in accordance with this Contract. The Contractor shall be responsible for reimbursing the University for all damage caused by its and Subcontractor(s) employees. 27.7 Contractor shall comply with all applicable federal, state and municipal laws, ordinances, building, and construction codes. Contractor shall insure that all of its employees, Subcontractor(s) and subcontractor employees shall acquire and possess all required permits and licenses. Contractor shall be responsible assume full liability for the payment and/or collection of all fees associated with these permitspresent and future Social Security, licenses Unemployment Insurance, and/or other Payroll and inspectionsUnemployment Taxes or assessments imposed by Governmental authorities, and arising from the employment of any person by Contractor. 27.8 2.11 Contractor is expected shall pay all contributions, taxes and premiums payable under Federal, State and Local statutes measured upon the payroll of its employees engaged in the performance of work under this contract and other taxes applicable to understand materials and follow all of the University’s Office of Environmental, Health supplies furnished or work performed hereunder and Safety policies. The Contractor is expected to meet with the Director of the University’s Office of Environmental Health shall hold UTMDACC harmless from liability for any such contributions and Safety prior to commencing work or as requiredtaxes.

ADDITIONAL CONTRACTOR RESPONSIBILITIES. 27.1 26.1 Contractor shall be responsible for the entire performance under this Contract, regardless of whether the Contractor itself performs. 27.2 26.2 The Contractor represents and warrants the following to the Owner (in addition to the other representations and warranties contained in the Contract Documents) as an inducement to the Owner to execute the Contract Documents, which representations and warranties shall survived the execution and delivery of the Contract Documents and the final completion of the Work; 27.2.1 26.2.1 That it is financially solvent, able to pay its debts as they mature and possesses sufficient working capital to complete the Work and perform its obligations under the Contract Documents; 27.2.2 26.2.2 That it, through its Subcontractors or otherwise, is able to furnish the plant, tools, materials, supplies, equipment and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so; 27.2.3 26.2.3 That it is authorized to do business in the state where the Project is located and properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over it and over the Work and the Site of the Project; 27.2.4 26.2.4 That its execution of the Contract Documents and its performance thereof have been duly authorized by all necessary corporate action; and 27.2.5 26.2.5 That its duly authorized representative has visited the Site of the Work, familiarized himself with the local conditions under which the Work is to be performed and correlated his observations with the requirements of the Contract Documents. 27.3 26.3 Contractor shall be the sole point of contact concerning the management of this Contract, including performance and payment issues. 27.4 26.4 Contractor shall be solely and completely responsible for adherence by the Contractor Parties to all applicable provisions of this Contract. 27.5 26.5 The Contractor will submit a resume for the proposed Project Superintendent and all other pertinent information required to obtain the University’s written approval of the Project Superintendent. The Project Superintendent will be approved by the University and will be on the Site whenever scheduled or significant work is being performed. The Contractor will not change the Project Superintendent without the written consent of the University. The Project Superintendent will attend all scheduled project meetings. The Contractor will list "Field Supervision" as a separate line item on the Schedule of Values. The University reserves the right to withhold money from the Contractor's monthly Application for Payment for any unauthorized deviation from the full-time supervision requirement set forth above. 27.6 26.6 The University shall closely monitor the individual actions of the Contractor’s employees and Subcontractor(s) employees. Any and all instances of damage or lack of concern for state property will be aggressively investigated to determine safe methods for eliminating damage to state property up to and including the removal of the Contractor’s employee or Subcontractor(s) employee responsible for the damages from the campus. The University’s Police Department and Facilities Management Department shall investigate all actions involving the Contractor’s and Subcontractor(s)’ employees and State Property damages in accordance with this Contract. The Contractor shall be responsible for reimbursing the University for all damage caused by its and Subcontractor(s) employees. 27.7 26.7 Contractor shall comply with all applicable federal, state and municipal laws, ordinances, building, and construction codes. Contractor shall insure that all of its employees, Subcontractor(s) and subcontractor employees shall acquire and possess all required permits and licenses. Contractor shall be responsible for the payment of all fees associated with these permits, licenses and inspections. 27.8 26.8 Contractor is expected to understand and follow all of the University’s Office of Environmental, Health and Safety policies. The Contractor is expected to meet with the Director of the University’s Office of Environmental Health and Safety Facilities Services prior to commencing work or as required.