Common use of Construction Procedures Clause in Contracts

Construction Procedures. All work performed under this Contract shall be completed in accordance with local, state and federal laws and regulations, and national codes and standards and other recognized industry standards associated with the work. The Contractor shall direct the work, using their best skill and attention. Unless otherwise provided in the Contract Documents, the Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work under the Contract. All aspects of the Project shall be subject to the inspection and approval of the State. Contractor guarantees to repair, replace, re-execute or otherwise correct any defect in workmanship, materials, or the like that fails to conform to the requirements of this Contract or that appears during the progress of the Project. The Contractor shall be responsible to the State for the negligence, acts and omissions of their employees, agents, Subcontractors, and other persons performing any of the work under an agreement with the Contractor. The Contractor guarantees, even though not specifically described in the Contract Documents or otherwise, that all materials shall be of the best possible quality, that the work shall be done in a professional manner, and that all aspects of the project will be delivered in good working order, complete and perfect in every respect, and that all systems and materials necessary for successful completion of the Project shall be included in the rates provided. The Contractor shall acquaint themselves with the limits of the property or right- of-way of the State and shall not trespass on other property. The Contractor shall adequately protect the Project, adjacent property and the public, and shall be responsible for any damage or injury due to the Contractor’s negligence, acts or omissions and shall indemnify, defend and save the State harmless in respect thereto. All work shall be done in such a manner as not to interfere with the State’s operating functions. Contractor their agents and employees shall familiarize themselves and comply with all rules and regulations applicable to the Project. The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Project or in the work of the State or of any independent contractor, all shop drawings, product data, manuals and samples required for the project. The Contractor shall promptly remedy all damage or loss (consistent with Contractor’s obligations described in Attachment C) to any property caused in whole or in part by the Contractor its agents and employees, any Subcontractor, any Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable and for which the Contractor is responsible, except damage or loss attributed to the negligence, acts or omissions of the State or anyone directly or indirectly employed by them, or by anyone for whose acts for them may be liable, and not attributed to the fault or negligence of the Contractor. The Contractor shall, at no additional cost to the State, repair furnishings, equipment, facilities or other property of the State damaged by the Contractor. Determination of the need for and extent of any repair work is at the sole discretion of the Department of Forests, Parks and Recreation. The Contractor is required to notify the Project Manager of any maintenance related issues discovered while performing the work.