Common use of Contractor’s Responsibility for Work Clause in Contracts

Contractor’s Responsibility for Work. Until the Owner's final written acceptance of the entire completed work, or a designated portion thereof, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of Government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the Improvements embraced in this contract by the Sponsor or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting therefrom which appear within a period of twelve (12) months from the date of Substantial Completion of the work, unless otherwise stated in the Substantial Completion Notice(s) from Owner. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS (Revised March 2007). As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the provider of any public or private utility service to construct, reconstruct or maintain its utility services, facilities or structures during the progress of the Work. In addition, the Contractor shall control their operations to prevent the unscheduled interruption of such utility services or damage to such facilities or structures. To the extent that such public or private utility services, facilities or structures are known to exist within the limits of the Work, the approximate locations have been indicated on the plans and the owners are indicated in the special conditions, or on the plans. It is understood and agreed that the OWNER does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the Work. Any inaccuracy or omission in such information shall not relieve the Contractor of the responsibility to locate and protect such existing facilities and structures from damage or the service from unscheduled interruption. It is further understood and agreed that the Contractor shall, upon execution of the Contract, notify the providers of all identified utility services, facilities or structures of the Contractor’s plan of operations. Such notification shall be in writing addressed to the PERSON TO CONTACT as provided in the appropriate plans and specifications. A copy of each notification shall be given to the OWNER prior to commencement of work. Should additional utility services, facilities or structures be discovered during the course of the Work, the Contractor shall notify the Owner within 24 hours and the providers within two business days of the discovery. In addition to the general written notification, it shall be the responsibility of the Contractor to keep such individual providers advised of changes in the Contractor’s plan of operations that would affect such providers. Prior to commencing the Work in the general vicinity of an existing utility service, facility or structure, the Contractor shall again notify each such provider of the Contractor’s plan of operation. If, in the Contractor's opinion, the provider's assistance is needed to locate the utility service, facility or structure or if the presence of a representative of the provider is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility provider's PERSON TO CONTACT no later than two business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall simultaneously, and likewise in the most expeditious manner, furnish a copy of such notice or a written summary of it to the OWNER The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the OWNER to suspend the Contractor's operations in the general vicinity of a utility service, facility or structure until proper, timely notice can first be provided as required above. Where the outside limits of an underground utility service, facility or structure have been located and staked on the ground, or otherwise identified, the Contractor shall be required to use manual, non-destructive daylighting to locate the utility visually and with certainty within twenty feet (vertically and horizontally) of such outside limits or other identification, prior to commencement of automated (heavy equipment) excavation. Should the Contractor damage a provider's facility or structure or interrupt the operation of a utility service, by accident or otherwise, the Contractor shall immediately notify the proper authorities, including the Airport Operations Center (AOC), the OWNER's Project Manager and the utility service provider and shall take all reasonable measures to prevent further damage or interruption of service and to protect the general public. The Contractor, in such events, shall cooperate with the utility service, facility or structure provider and the OWNER continuously until such damage has been repaired and service restored to the satisfaction of the utility service, facility or structure provider. The Contractor shall bear all costs of repair of damage to utility facilities or structures and of restoration of interrupted utility service, including, without limitation, operational impacts and costs incurred by the OWNER for response and mitigation of the incident, due to the Contractor’s operations whether or not due to negligence or accident. The OWNER reserves the right to deduct such costs from any monies due or which may become due the Contractor under this Contract or under any other contract between Contractor and OWNER, or his/her surety hereunder.

Contractor’s Responsibility for Work. Until the Owner's final written acceptance of the entire completed workWork, or a designated portion thereof, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the workWork. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work Work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work Work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of Government authorities. If the work Work is suspended for any cause whatever, the Contractor shall be responsible for the work Work and shall take such precautions necessary to prevent damage to the workWork. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of workWork, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her contractContract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the Improvements Work embraced in this contract Contract by the Sponsor Owner, sponsor, or the public shall constitute an acceptance of work Work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work Work and pay for any damage to other work resulting therefrom which appear within a period of twelve (12) months from the date of Substantial Completion of the workWork, unless a longer period is otherwise stated in the Substantial Completion Notice(s) from Owner. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it and charge all costs to the Contractor. The twelve month period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. Nothing herein shall be construed to establish a period of limitation with respect to the Contractor’s obligations under the Contract Documents. Establishment of any period for correction of Work has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations. These Contractor obligations shall survive termination of the Contract and Final Completion. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS (Revised March 2007). As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the provider of any public or private utility service to construct, reconstruct or maintain its utility services, facilities or structures during the progress of the Work. In addition, the Contractor shall control their operations to prevent the unscheduled interruption of such utility services or damage to such facilities or structures. To the extent that such public or private utility services, facilities or structures are known to exist within the limits of the Work, the approximate locations have been indicated on in the plans Contract Documents and the owners are indicated in the special conditions, or on in the plansContract Documents. It is understood and agreed that the OWNER Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on in the plans Contract Documents or encountered in the Work. Any inaccuracy or omission in such information shall not relieve the Contractor of the responsibility to locate and protect such existing facilities and structures from damage or the service from unscheduled interruption. It is further understood and agreed that the Contractor shall, upon execution of the Contract, notify the providers of all identified utility services, facilities or structures of the Contractor’s plan of operations. Such notification shall be in writing addressed to the PERSON TO CONTACT as provided in the appropriate plans and specificationsContract Documents. A copy of each notification shall be given to the OWNER Owner prior to commencement of workthe Work. Should additional utility services, facilities or structures be discovered during the course of the Work, the Contractor shall notify the Owner within 24 hours and the providers within two business days of the discovery. In addition to the general written notification, it shall be the responsibility of the Contractor to keep such individual providers advised of changes in the Contractor’s plan of operations that would affect such providers. Prior to commencing the Work in the general vicinity of an existing utility service, facility or structure, the Contractor shall again notify each such provider of the Contractor’s plan of operation. If, in the Contractor's opinion, the provider's assistance is needed to locate the utility service, facility or structure or if the presence of a representative of the provider is desirable to observe the workWork, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility provider's PERSON TO CONTACT no later than two business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall simultaneously, and likewise in the most expeditious manner, furnish a copy of such notice or a written summary of it to the OWNER Owner The Contractor's failure to give the two day's days’ notice hereinabove provided shall be cause for the OWNER Owner to suspend the Contractor's operations in the general vicinity of a utility service, facility or structure until proper, timely notice can first be provided as required above. Where the outside limits of an underground utility service, facility or structure have been located and staked on the ground, or otherwise identified, the Contractor shall be required to use manual, non-destructive daylighting to locate the utility visually and with certainty within twenty feet (vertically and horizontally) of such outside limits or other identification, prior to commencement of automated (heavy equipment) excavation. Should the Contractor damage a provider's facility or structure or interrupt the operation of a utility service, by accident or otherwise, the Contractor shall immediately notify the proper authorities, including the Airport Operations Center (AOC), the OWNEROwner's Project Manager Manager, and the utility service provider provider, and the Contractor shall take all reasonable measures to prevent further damage or interruption of service and to protect the general public. The Contractor, in such events, shall cooperate with the utility service, facility or structure provider provider, and the OWNER Owner continuously until such damage has been repaired and service restored to the satisfaction of the utility service, facility or structure provider. The Contractor shall bear all costs of repair of damage to utility facilities or structures and of restoration of interrupted utility service, including, without limitation, operational impacts and costs incurred by the OWNER Owner for response and mitigation of the incident, due to the Contractor’s operations whether or not due to negligence or accident. The OWNER Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor under this the Contract or under any other contract between Contractor and OWNEROwner, or his/her surety Surety hereunder.