Common use of OBLIGATIONS AND LIABILITY OF THE CONTRACTOR Clause in Contracts

OBLIGATIONS AND LIABILITY OF THE CONTRACTOR. The Contractor shall do all the work and perform and furnish all the labor, services, materials, equipment, plant, machinery, apparatus, appliances, tools, supplies and all other things (except as otherwise expressly provided herein) necessary and as herein specified for the proper performance and completion of the Work in the manner and within the time hereinafter specified, in strict accordance with the Drawings, Specifications and other Contract Documents, in conformity with the directions and to the satisfaction of the City, and at the prices herein agreed upon therefor. All parts of the Work and all fixtures, equipment, apparatus and other items indicated on the Drawings and not mentioned in the Specifications, or vice versa, and all work and material usual and necessary to make the Work complete in all its parts, including all incidental work necessary to make it complete and satisfactory and ready for use and operation, whether or not they are indicated on the Drawings or mentioned in the Specifications, shall be furnished and executed the same as if they were called for both by the Drawings and by the Specifications. The Contractor shall coordinate his operations with those of any other contractors who may be employed on other work of the City, shall avoid interference therewith, and shall cooperate in the arrangements for storage of materials and equipment. The Contractor shall conduct his work so as to interfere as little as possible with private business and public travel. Wherever and whenever necessary or required, he shall maintain fences, furnish watchmen, maintain lights, and take such other precaution as may be necessary to protect life and property. The Contractor shall indemnify and save harmless the City and its officers, agents, servants and employees, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, awards, losses, damages, costs and expenses, including attorneys' fees, on account of bodily injury, sickness, disease or death sustained by any person or persons or injury or damage to or destruction of any property, directly or indirectly arising out of, relating to or in connection with the Work, whether or not due to or claimed to be due in whole or in part to the active, passive or concurrent negligence or fault of the Contractor, his officers, agents, servants or employees, any of his subcontractors, the City or any of their respective officers, agents, servants or employees and/or any other person or persons, and whether or not such claims, demands, suits or proceedings are just, unjust, groundless, false or fraudulent; and the Contractor shall and does hereby assume and agrees to pay for the defense of all such claims, demands, suits and proceedings, provided, however, that the Contractor shall not be required to indemnify the City, its officers, agents, servants, or employees, against any such damages occasioned solely by acts or omissions of the owner other than supervisory acts or omissions of the City in the Work. The Contractor shall have complete responsibility for the Work and the protection thereof, and for preventing injuries to persons and damage to the Work and property and utilities on or about the Work, until final completion and final acceptance thereof. He shall in no way be relieved of his responsibility by any right of the City to give permission or directions relating to any part of the Work, by any such permission or directions given, or by failure of the City to give such permission or directions. The Contractor shall bear all costs, expenses, losses and damages on account of the quantity or character of the Work or the nature of the land (including but not limited to subsurface conditions) in or under or on which the Work is done being different from that indicated or shown in the Contract Documents or from what was estimated or expected, or on account of the weather, elements, or other causes unless information regarding such condition(s) was known and not disclosed by the City prior to Contractor commencing its work. The Contractor shall conduct his operations so as not to damage existing structures or work installed either by him or by other contractors. In case of any such damage resulting from his operations, he shall repair and make good as new the damaged portions at his own expense with the consent of the damaged party. In the event that consent is not given, the Contractor shall continue liable for the damage caused. The Contractor shall be as fully responsible to the City for the acts and omissions of his subcontractors, their officers, agents, servants and employees as he is for his own acts and omissions and those of his own officers, agents, servants and employees. Should the Contractor sustain any loss, damage or delay through any act or omission of any other contractor or any subcontractor of any such other contractor, the Contractor shall have no claim against the City therefor, other than for an extension of time, but shall have recourse solely to such other contractor or subcontractor. If any other contractor or any subcontractor of any such other contractor shall suffer or claim to have suffered loss, damage or delay by reason of the acts or omissions of the Contractor or of any of his subcontractors, the Contractor agrees to assume the defense against any such claim and to reimburse such other contractor or subcontractor for such loss or damage. The Contractor agrees to and does hereby indemnify and save harmless the City from and against any and all claims by such other contractors or subcontractors alleging such loss, damage or delay and from and against any and all claims, demands, suits, proceedings, liabilities, judgments, awards, losses, damages, costs and expenses, including attorneys’ fees, arising out of, relating to or resulting from such claims. The Contractor shall promptly pay all federal, state and local taxes which may be assessed against him in connection with the Work or his operations under this Agreement and/or the other Contract Documents, including, but not limited to, taxes attributable to the purchase of material and equipment, to the performance of services, and the employment of persons in the prosecution of the Work.

OBLIGATIONS AND LIABILITY OF THE CONTRACTOR. The Contractor shall do all the work and perform and furnish all the labor, services, materials, equipment, plant, machinery, apparatus, appliances, tools, supplies and all other things (appliances, except as herein otherwise expressly provided herein) specified, and everything necessary for properly performing and as herein specified for completing the proper performance and completion of work required by the Work Contract, in the manner and within the time hereinafter specified, in strict accordance with . He shall complete the Drawings, Specifications and other Contract Documents, in conformity with the directions and entire work to the satisfaction of the CityOwner, and in ac- cordance with the Specifications and Plans herein mentioned, at the prices herein agreed upon thereforand fixed therefore. All parts the work labor and materials to be done and furnished under this Contract shall be done and furnished strictly pursuant to, and in conformity with, the Contract Documents, and the directions of the Work and all fixturesEngineer/Architect as given from time to time during the progress of the work, equipmentunder the terms of this Contract. All loss or damage arising out of the performance or nature of the work, apparatus and other items indicated on or any damage to the Drawings and not mentioned work itself to be done under this contract or from any unforeseen obstruction or difficulties which may be encountered in the Specificationsprosecution of the same, or vice versafrom the action of the elements or from any cause or causes whatsoever, and all work and material usual and necessary to make until the Work complete in all its parts, including all incidental work necessary to make it complete and satisfactory and ready for use and operation, whether or not they are indicated on the Drawings or mentioned in the Specificationssame shall have been finally accepted, shall be furnished sustained and executed the same as if they were called paid for both by the Drawings and by the SpecificationsContractor. The Contractor shall coordinate his operations with those of any other contractors who may be employed on other work of the City, Owner and shall avoid interference therewith, therewith and shall cooperate in the arrangements for storage of materials and equipmentmaterials. The Contractor shall conduct his work so as to interfere as little as possible with private business and public travel. Wherever and whenever necessary He shall, at his own expense, wherever necessary, or required, he shall maintain fences, furnish watchmen, maintain lights, and take such other precaution precautions as may be necessary to protect life and property. The Contractor shall indemnify and save harmless the City and its officers, agents, servants and employees, from and against any and take all claims, demands, suits, proceedings, liabilities, judgments, awards, losses, damages, costs and expenses, including attorneys' fees, on account of bodily injury, sickness, disease or death sustained by any person or persons or injury or damage to or destruction of any property, directly or indirectly arising out of, relating to or in connection with the Work, whether or not due to or claimed to be due in whole or in part to the active, passive or concurrent negligence or fault of the Contractor, his officers, agents, servants or employees, any of his subcontractors, the City or any of their respective officers, agents, servants or employees and/or any other person or persons, and whether or not such claims, demands, suits or proceedings are just, unjust, groundless, false or fraudulent; and the Contractor shall and does hereby assume and agrees to pay for the defense of all such claims, demands, suits and proceedings, provided, however, that the Contractor shall not be required to indemnify the City, its officers, agents, servants, or employees, against any such damages occasioned solely by acts or omissions of the owner other than supervisory acts or omissions of the City in the Work. The Contractor shall have complete responsibility for the Work and work done under this Contract, for the protection thereofof the work, and for preventing injuries to persons persons, and damage to the Work and property and utilities on or about the Work, until final completion and final acceptance thereofwork. He shall in no way be relieved of his responsibility by any right rights of the City Owner, its officers, employees and agents to give permission or directions issue orders relating to any part of the Workwork, or by any such permission given or directions givenorders issued, or by failure of the City Owner, its officers, employees and agents to give such permission or directionsissue such orders. The Contractor shall bear all costslosses resulting to him or to the Owner, expensesits officers, losses employees and damages agents on account of the quantity amount or character of the Work work, or because of the nature of the land (including but not limited to subsurface conditions) in or under or on which the Work work is done being is different from that indicated or shown in the Contract Documents or from what was estimated or expected, or on account of the weather, elements, weather elements or other causes unless information regarding such condition(s) was known and not disclosed by the City prior to Contractor commencing its workcauses. The Contractor shall assume the defense of all claims arising out of injury or damage to persons, corporations, or property, whether said claims arise out of negligence or not, or whether said claims are for unavoidable damage or not, and from all claims relating to labor and materials furnished for the work and from all expenses incurred in defending or settling such claims, including reason- able attorney's fees. The Contractor shall so conduct his operations so as not to damage existing structures or work installed either by him or by other contractors. In case of any such damage resulting from his own operations, he shall repair and make good as new the damaged portions at his own expense with the consent of the damaged party. In the event that consent is not given, the Contractor shall continue liable for the damage causedexpense. The Contractor shall be as fully responsible warrants that he is familiar with the codes applicable to the City work and that he has the skill, knowledge, competence, organization, and plant to execute the work promptly and efficiently in compliance with the requirements of the Contract Documents. The Contractor having the obligation to keep a competent superintendent on the work during its progress, to employ only skilled mechanics, and to enforce strict discipline and good order among his em- ployees, the Contractor, himself is responsible for seeing that the acts and omissions of his subcontractors, their officers, agents, servants and employees as he work is for his own acts and omissions and those of his own officers, agents, servants and employeesinstalled in accordance with the Contract Documents. Should the Contractor sustain any loss, damage or delay through any act Failure or omission of any other contractor or any subcontractor of any such other contractor, on the Contractor shall have no claim against the City therefor, other than for an extension of time, but shall have recourse solely to such other contractor or subcontractor. If any other contractor or any subcontractor of any such other contractor shall suffer or claim to have suffered loss, damage or delay by reason part of the acts Owner, representative of the Owner, agents of the Owner, Project Representative, clerk-of-the-works, Engineer/Architects employed by the Engineer/Architect, representatives of the Engineer/Archi- tect or omissions the Engineer/Architect either to discover or to bring to the attention of the Contractor any deviation from, omis- sion from, or non-compliance with the Contract Documents shall not be set up by the Contractor as a defense of failure to his part to install the work in accordance with the Contract Documents or for any other neglect to fulfill requirements of the Contract; nor shall the presence of any one, or all, or any of his subcontractorsthe foregoing at the site of the fact that any one, or all, or any of the foregoing may have examined the work or any part of it be set up as a defense by the Contractor agrees against a claim for failure on his part to assume install the defense against work in accordance with the Contract Documents or for any such claim and neglect to reimburse such other contractor or subcontractor for such loss or damagefulfill requirements of the Contract. The Contractor agrees to and does hereby indemnify and save harmless the City from and against any and all claims by such other contractors or subcontractors alleging such loss, damage or delay and from and against any and all claims, demands, suits, proceedings, liabilities, judgments, awards, losses, damages, costs and expenses, including attorneys’ fees, arising out of, relating to or resulting from such claims. The Contractor shall promptly pay all federal, state and local taxes which No requirement of this Contract may be assessed against him altered or waived except in connection pursuance of a writ- ten order of the Owner and in strict accordance with the Work or his operations under this Agreement and/or the other Contract Documents, including, but not limited to, taxes attributable to the purchase of material and equipment, to the performance of services, and the employment of persons provisions in the prosecution of Contract for changes in the Workwork.