Protection to Persons and Property. 1.1. The Contractor shall at all times take all reasonable precautions for the safety of employees on the work and of the public, and shall comply with all applicable provisions of federal, state, and local laws, rules, and regulations and building and construction codes, in addition to the safety rules and procedures of BEMC. 1.2. The following provisions shall not limit the generality of the above requirements: a. The Contractor shall at no time and under no circumstances cause or permit any employee of the Contractor to perform any work upon energized lines, or upon poles carrying energized lines, unless otherwise specified in the Notice and Instructions to Contractors. b. The Contractor shall transport and store all material in facilities and vehicles which are designed to protect the material from damage. The Contractor shall ensure that all vehicles, trailers, and other equipment used comply with all applicable licensing, traffic, and highway requirements. c. The Contractor shall so conduct the construction of the Project as to cause the least possible obstruction of public highways. d. The Contractor shall provide and maintain all such guard lights and other protection for the public as may be required by applicable statutes, ordinances and regulations or by local conditions. e. The Contractor shall do all things necessary or expedient to properly protect any and all parallel, converging and intersecting lines, joint line poles, highways and any and all property of others from damage, and in the event that any such parallel, converging and intersecting lines, joint line poles, highways or other property are damaged in the course of the construction of the Project the Contractor shall at its own expense restore any or all of such damaged property immediately to as good a state as before such damage occurred. f. Where the right-of-way of the Project traverses cultivated or grazing lands, the Contractor shall limit the movement of its crews and equipment so as to cause as little damage as possible to crops, orchards or property and shall endeavor to avoid marring the lands. All fences which are necessarily opened or moved during the construction of the Project shall be replaced in as good condition as they were found and precautions shall be taken to prevent the escape of livestock. Except as otherwise provided in the descriptions of underground plowing and trenching assembly units, the Contractor shall not be responsible for loss of or damage to crops, orchards or property (other than livestock) on the right- of-way necessarily incident to the construction of the Project and not caused by negligence or inefficient operation of the Contractor. The Contractor shall be responsible for all other loss of or damage to crops, orchards, or property, whether on or off the right-of-way, and for all loss of or damage to livestock caused by the construction of the Project. g. For overhead line repair, the right-of-way for purposes of this section shall consist of an area extending 10 feet on both sides of the center line of the poles along the route of the Project lines (5 feet on both sides for underground line repair), plus such area reasonably required by the Contractor for access to the route of the Project lines from Public roads to carry on construction activities. h. The Project, from the commencement of work to completion, or to such earlier date or dates when BEMC may take possession and control in whole or in part as hereinafter provided shall be under the charge and control of the Contractor and during such period of control by the Contractor all risks in connection with the construction of the Project and the materials to be used therein shall be borne by the Contractor. The Contractor shall make good and fully repair all injuries and damages to the Project or any portion thereof under the control of the Contractor by reason of any act of God or other casualty or cause whether or not the same shall have occurred by reason of the Contractor’s negligence. 1.3. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless BEMC and BEMC’s directors, officers, and employees from all claims, causes of action, losses, liabilities, and expenses (including reasonable attorney’s fees) for personal loss, injury, or death to persons (including but not limited to Contractor’s employees) and loss, damage to or destruction of BEMC’s property or the property of any other person or entity (including but not limited to Contractor’s property) in any manner arising out of or connected with the Contract, or the materials or equipment supplied or services performed by Contractor, its subcontractors and suppliers of any tier. But nothing herein shall be construed as making Contractor liable for any injury, death, loss, damage, or destruction caused by the sole negligence of BEMC 1.4. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless BEMC and BEMC’s directors, officers, and employees from all liens and claims filed or asserted against BEMC, its directors, officers, and employees, or BEMC’s property or facilities, for services performed or materials or equipment furnished by Contractor, its subcontractors and suppliers of any tier, and from all losses, demands, and causes of action arising out of any such lien or claim. Contractor shall promptly discharge or remove any such lien or claim by bonding, payment, or otherwise and shall notify BEMC promptly when it has done so. If Contractor does not cause such lien or claim to be discharged or released by payment, bonding, or otherwise, BEMC shall have the right (but shall not be obligated) to pay all sums necessary to obtain any such discharge or release and to deduct all amounts so paid from the amount due Contractor. 1.5. Contractor shall provide to BEMC’s satisfaction evidence of Contractor’s ability to comply with the indemnification provisions of subparagraphs i and ii above, which evidence may include but may not be limited to a bond or liability insurance policy obtained for this purpose through a licensed surety or insurance company. 1.6. Any and all excess earth, rock, debris, underbrush and other useless materials shall be removed by the Contractor from the site of the Project as rapidly as practicable as the work progresses. 1.7. Upon violation by the Contractor of any of the provisions of this section, after written notice of such violation given to the Contractor by the Engineer or BEMC, the Contractor shall immediately correct such violation. Upon failure of the Contractor so to do BEMC may correct such violation at the Contractor’s expense: Provided, however, that BEMC may, if it deems it necessary or advisable, correct such violation at the Contractor’s expense without such prior notice to the Contractor. The Contractor shall submit to BEMC monthly reports in duplicate of all accidents, giving such data as may be prescribed by BEMC. 1.8. The Contractor shall not proceed with the cutting of trees or clearing of right-of-way without written notification from BEMC that proper authorization has been received from BEMC of the property, and the Contractor shall promptly notify BEMC whenever any land BEMC objects to the trimming or felling of any trees or the performance of any other work on its land in connection with the Project and shall obtain the consent in writing of BEMC before proceeding in any such case. 1.9. The Contractor will furnish, prior to the commencement of underground distribution construction, proof satisfactory to BEMC, of compliance with requirements of highway and road authorities having jurisdiction, including without limitation, the furnishing of a bond or other guaranty, and approval by such authorities of the equipment and methods of construction and repair to be used by the Contractor.
Appears in 1 contract
Protection to Persons and Property. 1.1. The Contractor shall at all times take all reasonable precautions for the safety of employees on the work and of the public, and shall comply with all applicable provisions of federalFederal, state, State and local Municipal safety laws, rulesenvironmental regulations, and regulations and building and construction codes, in addition to the safety rules and procedures of BEMC.
1.2. The following provisions shall not limit the generality of the above requirements:
a. (a) The Contractor shall at no time and under no circumstances cause or permit any employee of the Contractor to perform any work upon energized lines, or upon poles carrying energized electric power lines, unless otherwise specified in except on telecommunications system units having clearances from the Notice electric power system equal to or greater than required by applicable provisions of Federal, State or Municipal laws or regulations and Instructions to Contractorsthe National Electrical Safety Code (NESC).
b. The Contractor shall transport and store all material in facilities and vehicles which are designed to protect the material from damage. The Contractor shall ensure that all vehicles, trailers, and other equipment used comply with all applicable licensing, traffic, and highway requirements.
c. (b) The Contractor shall so conduct the construction of the Project as to cause the least possible obstruction of public highways.
d. (c) The Contractor shall provide and maintain all such guard lights and other protection for the public as may be required by applicable statutes, ordinances and regulations or by local conditions.
e. (d) The Contractor shall do all things necessary or expedient to protect properly protect any and all parallel, converging and intersecting lines, joint line poles, highways highways, other utilities and any and all property of others from damage, and in the event that any such parallel, converging and intersecting lines, joint line poles, highways highways, other utilities or other property are damaged in the course of the construction of the Project the Contractor shall at its own expense restore any or all of such damaged property immediately to as good a state as before such damage occurred.
f. (e) Where the right-of-way construction corridor of the Project traverses cultivated or grazing landsland, the Contractor shall limit the movement of its crews and equipment so as to cause as little damage as possible to crops, orchards orchards, or property and shall endeavor to avoid marring the lands. All fences which are necessarily opened or moved during the construction of the Project shall be replaced in as good condition as they were found and precautions shall be taken to prevent the escape of livestock. Except as otherwise provided in respect of buried plant in the descriptions description of underground plowing and trenching assembly unitsAssembly Units, the Contractor shall not be responsible for loss of or damage to crops, orchards or property (other than livestock) on the right- of-way construction corridor necessarily incident to the construction of the Project and not caused by negligence or inefficient operation of the Contractor. The Contractor shall be responsible for all other loss of or damage to crops, orchards, or property, whether on or off the right-of-way, construction corridor and for all loss of or damage to livestock caused by the construction of the Project.
g. For overhead line repair, the right-of-way for purposes of this section shall consist of an area extending 10 feet on both sides of the center line of the poles along the route of the Project lines (5 feet on both sides for underground line repair), plus such area reasonably required by the Contractor for access to the route of the Project lines from Public roads to carry on construction activities.
h. f) The Project, from the commencement of work to completioncompletion of construction, or to such earlier date or dates when BEMC the Owner may take possession and control in whole or in part as hereinafter provided shall be under the charge and control of the Contractor and during such period of control by the Contractor all risks in connection with the construction of the Project and the materials to be used therein shall be borne by the Contractor. The Contractor shall make good and fully repair all injuries and damages to the Project or any portion thereof under the control of the Contractor by reason of any act of God or other casualty or cause whether or not the same shall have occurred by reason of the Contractor’s 's negligence. The Contractor shall hold the Owner harmless from any and all claims for injuries to persons or for damage to property happening by reason of any negligence on the part of the Contractor or any of the Contractor's agents or employees during the control by the Contractor of the Project or any part thereof.
1.3. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless BEMC and BEMC’s directors, officers, and employees from all claims, causes of action, losses, liabilities, and expenses (including reasonable attorney’s feesg) for personal loss, injury, or death to persons (including but not limited to Contractor’s employees) and loss, damage to or destruction of BEMC’s property or the property of any other person or entity (including but not limited to Contractor’s property) in any manner arising out of or connected with the Contract, or the materials or equipment supplied or services performed by Contractor, its subcontractors and suppliers of any tier. But nothing herein shall be construed as making Contractor liable for any injury, death, loss, damage, or destruction caused by the sole negligence of BEMC
1.4. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless BEMC and BEMC’s directors, officers, and employees from all liens and claims filed or asserted against BEMC, its directors, officers, and employees, or BEMC’s property or facilities, for services performed or materials or equipment furnished by Contractor, its subcontractors and suppliers of any tier, and from all losses, demands, and causes of action arising out of any such lien or claim. Contractor shall promptly discharge or remove any such lien or claim by bonding, payment, or otherwise and shall notify BEMC promptly when it has done so. If Contractor does not cause such lien or claim to be discharged or released by payment, bonding, or otherwise, BEMC shall have the right (but shall not be obligated) to pay all sums necessary to obtain any such discharge or release and to deduct all amounts so paid from the amount due Contractor.
1.5. Contractor shall provide to BEMC’s satisfaction evidence of Contractor’s ability to comply with the indemnification provisions of subparagraphs i and ii above, which evidence may include but may not be limited to a bond or liability insurance policy obtained for this purpose through a licensed surety or insurance company.
1.6. Any and all excess earth, rock, debris, underbrush and other useless materials material shall be removed by the Contractor from the site of the Project or relocated (distributed) to the satisfaction of the Owner as rapidly as practicable as the work progresses.
1.7. (h) Upon violation by the Contractor of any of the provisions of this sectionSection, after written notice of such violation given to the Contractor by the Engineer or BEMCthe Owner, the Contractor shall immediately correct such violation. Upon failure of the Contractor so to do BEMC so, the Owner may correct such violation at the Contractor’s 's expense: . Provided, however, that BEMC the Owner may, if it deems it necessary or advisable, correct such violation at the Contractor’s 's expense without such prior notice to the Contractor. .
(i) The Contractor shall submit to BEMC monthly reports in duplicate immediately notify the Owner of all any accidents, giving such data as may be prescribed by BEMCthe Owner.
1.8. (j) The Contractor shall not proceed with the cutting of trees or clearing of right-of-way without written notification from BEMC the Owner that proper authorization has been received from BEMC the Owner of the propertyProperty, and the Contractor shall promptly notify BEMC the Owner whenever any land BEMC landowner objects to the trimming or felling of any trees or the performance of any other work on its land in connection with the Project and shall obtain the consent in writing of BEMC the Owner before proceeding in any such case.
1.9. The Contractor will furnish, prior to the commencement of underground distribution construction, proof satisfactory to BEMC, of compliance with requirements of highway and road authorities having jurisdiction, including without limitation, the furnishing of a bond or other guaranty, and approval by such authorities of the equipment and methods of construction and repair to be used by the Contractor.
Appears in 1 contract
Protection to Persons and Property. 1.1. The Contractor shall at all times take all reasonable precautions for the safety of employees on the work site and of the public, and . Contractor shall comply with all applicable provisions of federal, state, State and local laws, rules, and regulations municipal safety laws and building and construction codes. Machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America unless such instructions are incompatible with federal, in addition to the safety rules and procedures of BEMC.
1.2State, or municipal laws or regulations. The following provisions shall not limit the generality of the above requirements:
a. (a) The Contractor shall at no time and under no circumstances cause or permit any employee of the Contractor to perform any work upon energized lines, or upon poles carrying energized electric power lines, unless otherwise specified in except on telephone system units having clearances from the Notice electric power system equal to or greater than required by applicable provisions of federal, State or municipal laws or regulations and Instructions to Contractorsthe National Electrical Safety Code.
b. The Contractor shall transport and store all material in facilities and vehicles which are designed to protect the material from damage. The Contractor shall ensure that all vehicles, trailers, and other equipment used comply with all applicable licensing, traffic, and highway requirements.
c. (b) The Contractor shall so conduct the construction of the Project as to cause the least possible obstruction of public highways.
d. (c) The Contractor shall provide and maintain all such guard lights and other protection for the public as may be required by applicable statutes, ordinances ordinances, and regulations regulations, or by local conditions.
e. (d) The Contractor shall do all the things necessary or expedient to protect properly protect any and all parallel, converging converging, and intersecting lines, joint line poles, highways highways, other utilities, and any and all property of others from damage, and in the event that any such parallel, converging and intersecting lines, joint line poles, highways highways, other utilities or other property are damaged in the course of the construction of the Project Project, the Contractor shall shall, at its own expense expense, restore any or all of such damaged property immediately to as good a state as before such damage occurred.
f. (e) Where the right-of-way construction corridor of the Project traverses cultivated or grazing landsland, the Contractor shall limit the movement of its crews and equipment so as to cause as little damage as possible to crops, orchards orchards, or property property, and shall endeavor to avoid marring the lands. All fences Fences, which are necessarily opened or moved during the construction of the Project Project, shall be replaced in as good condition as they were found found, and precautions shall be taken to prevent the escape of livestock. Except as otherwise provided for with respect to buried plant in the descriptions description of underground plowing and trenching assembly unitsAssembly Units, the Contractor shall not be responsible for loss of or damage to crops, orchards or property (other than livestock) on the right- of-way construction corridor necessarily incident incidental to the construction of the Project and provided that it was not caused by negligence or inefficient operation of the Contractor. The Contractor shall be responsible for all other loss of or damage to crops, orchards, or property, whether on or off the right-of-wayconstruction corridor, and for all loss of or damage to livestock caused by the construction of the Project.
g. For overhead line repair, the right-of-way for purposes of this section shall consist of an area extending 10 feet on both sides of the center line of the poles along the route of the Project lines (5 feet on both sides for underground line repair), plus such area reasonably required by the Contractor for access to the route of the Project lines from Public roads to carry on construction activities.
h. f) The Project, from the commencement of work to completioncompletion of construction, or to such earlier date or dates when BEMC the Owner may take possession and control in whole or in part as hereinafter provided provided, shall be under the charge and control of the Contractor and during such period of control by the Contractor all Contractor, the risks in connection with the construction of the Project Project, and the materials to be used therein therein, shall be borne by the Contractor. The Contractor shall make good and fully repair all injuries and damages to the Project or any portion thereof under the control of the Contractor by reason of any act of God God, or other casualty or cause cause, whether or not the same shall have occurred by reason of the Contractor’s 's negligence. The Contractor shall hold the Owner and Engineer harmless from any claims for injuries to persons or for damage to property by reason of any negligence on the part of the Contractor or any of the Contractor's agents or employees during the control by the Contractor of the Project or any part thereof.
1.3. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless BEMC and BEMC’s directors, officers, and employees from all claims, causes of action, losses, liabilities, and expenses (including reasonable attorney’s feesg) for personal loss, injury, or death to persons (including but not limited to Contractor’s employees) and loss, damage to or destruction of BEMC’s property or the property of any other person or entity (including but not limited to Contractor’s property) in any manner arising out of or connected with the Contract, or the materials or equipment supplied or services performed by Contractor, its subcontractors and suppliers of any tier. But nothing herein shall be construed as making Contractor liable for any injury, death, loss, damage, or destruction caused by the sole negligence of BEMC
1.4. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless BEMC and BEMC’s directors, officers, and employees from all liens and claims filed or asserted against BEMC, its directors, officers, and employees, or BEMC’s property or facilities, for services performed or materials or equipment furnished by Contractor, its subcontractors and suppliers of any tier, and from all losses, demands, and causes of action arising out of any such lien or claim. Contractor shall promptly discharge or remove any such lien or claim by bonding, payment, or otherwise and shall notify BEMC promptly when it has done so. If Contractor does not cause such lien or claim to be discharged or released by payment, bonding, or otherwise, BEMC shall have the right (but shall not be obligated) to pay all sums necessary to obtain any such discharge or release and to deduct all amounts so paid from the amount due Contractor.
1.5. Contractor shall provide to BEMC’s satisfaction evidence of Contractor’s ability to comply with the indemnification provisions of subparagraphs i and ii above, which evidence may include but may not be limited to a bond or liability insurance policy obtained for this purpose through a licensed surety or insurance company.
1.6. Any and all excess Excess earth, rock, debris, underbrush and other useless materials material shall be removed by the Contractor from the site of the Project or relocated (distributed) to the satisfaction of the Owner as rapidly as practicable as the work progresses.
1.7. (h) Upon a violation by the Contractor of any of the provisions provision of this sectionSection, after upon receipt of written notice of such violation given to the Contractor by from the Engineer or BEMCthe Owner, the Contractor shall immediately correct such violation. Upon failure of the Contractor so to do BEMC so, the Owner may correct such the violation at the Contractor’s 's expense: Provided; provided, however, that BEMC the Owner may, if it deems it necessary or advisable, correct such violation at the Contractor’s 's expense without such prior notice to the Contractor. .
(i) The Contractor shall submit to BEMC the Owner monthly reports reports, in duplicate duplicate, of all accidents, giving such data as may be prescribed by BEMCOSHA.
1.8. (j) The Contractor shall not proceed with the cutting of trees or clearing of right-of-way without written notification from BEMC the Owner that proper authorization has been received from BEMC the Owner of the propertyProperty, and the Contractor shall promptly notify BEMC the Owner whenever any land BEMC landowner objects to the trimming or felling of any trees or the performance of any other work on its land in connection with the Project and shall obtain the consent in writing of BEMC the Owner before proceeding in any such case.
1.9(k) Sufficient, safe, cool drinking water and an adequate first-aid kit shall be provided on every work truck, at each building site, and at other work locations as needed. The Contractor will furnish, prior to the commencement of underground distribution construction, proof satisfactory to BEMC, of compliance with requirements of highway and road authorities having jurisdictionAdequate safety equipment, including without limitation, rubber gloves and construction tools for the furnishing of a bond or other guaranty, and approval by such authorities of the equipment and methods of construction and repair to workmen shall be used provided by the Contractor.
Appears in 1 contract
Samples: Telecommunications Fiber Ring Construction Contract
Protection to Persons and Property. 1.1. The Contractor shall at all times take all reasonable precautions for the safety of employees on the work and of the public, and shall comply with all applicable provisions of federalFederal, state, State and local laws, rules, and regulations Municipal safety laws and building and construction codes. Machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America unless such instructions are incompatible with Federal, in addition to the safety rules and procedures of BEMC.
1.2State, or Municipal laws or regulations. The following provisions shall not limit the generality of the above requirements:
a. (a) The Contractor shall at no time and under no circumstances cause or permit any employee of the Contractor to perform any work upon energized lines, or upon poles carrying energized electric power lines, unless otherwise specified in except on telephone system units having clearances from the Notice electric power system equal to or greater than required by applicable provisions of Federal, State or Municipal laws or regulations and Instructions to Contractorsthe National Electrical Safety Code.
b. The Contractor shall transport and store all material in facilities and vehicles which are designed to protect the material from damage. The Contractor shall ensure that all vehicles, trailers, and other equipment used comply with all applicable licensing, traffic, and highway requirements.
c. (b) The Contractor shall so conduct the construction of the Project as to cause the least possible obstruction of public highways.
d. (c) The Contractor shall provide and maintain all such guard lights and other protection for the public as may be required by applicable statutes, ordinances ordinances, and regulations regulations, or by local conditions.
e. (d) The Contractor shall do all the things necessary or expedient to protect properly protect any and all parallel, converging converging, and intersecting lines, joint line poles, highways highways, other utilities, and any and all property of others from damage, and in the event that any such parallel, converging and intersecting lines, joint line poles, highways highways, other utilities or other property are damaged in the course of the construction of the Project Project, the Contractor shall shall, at its own expense expense, restore any or all of such damaged property immediately to as good a state as before such damage occurred.
f. (e) Where the right-of-way construction corridor of the Project traverses cultivated or grazing landsland, the Contractor shall limit the movement of its crews and equipment so as to cause as little damage as possible to crops, orchards orchards, or property property, and shall endeavor to avoid marring the lands. All fences Fences, which are necessarily opened or moved during the construction of the Project Project, shall be replaced in as good condition as they were found found, and precautions shall be taken to prevent the escape of livestock. Except as otherwise provided in respect of buried plant in the descriptions description of underground plowing and trenching assembly unitsAssembly Units, the Contractor shall not be responsible for loss of or damage to crops, orchards or property (other than livestock) on the right- of-way construction corridor necessarily incident to the construction of the Project and which was not caused by negligence or inefficient operation of the Contractor. The Contractor shall be responsible for all other loss of or damage to crops, orchards, or property, whether on or off the right-of-way, construction corridor and for all loss of or damage to livestock caused by the construction of the Project.
g. For overhead line repair, the right-of-way for purposes of this section shall consist of an area extending 10 feet on both sides of the center line of the poles along the route of the Project lines (5 feet on both sides for underground line repair), plus such area reasonably required by the Contractor for access to the route of the Project lines from Public roads to carry on construction activities.
h. f) The Project, from the commencement of work to completioncompletion of construction, or to such earlier date or dates when BEMC the Owner may take possession and control in whole or in part as hereinafter provided provided, shall be under the charge and control of the Contractor and during such period of control by the Contractor all Contractor, the risks in connection with the construction of the Project Project, and the materials to be used therein therein, shall be borne by the Contractor. The Contractor shall make good and fully repair all injuries and damages to the Project or any portion thereof under the control of the Contractor by reason of any act of God or other casualty or cause whether or not the same shall have occurred by reason of the Contractor’s 's negligence. The Contractor shall hold the Owner and Engineer harmless from any claims for injuries to persons or for damage to property happening by reason of any negligence on the part of the Contractor or any of the Contractor's agents or employees during the control by the Contractor of the Project or any part thereof.
1.3. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless BEMC and BEMC’s directors, officers, and employees from all claims, causes of action, losses, liabilities, and expenses (including reasonable attorney’s feesg) for personal loss, injury, or death to persons (including but not limited to Contractor’s employees) and loss, damage to or destruction of BEMC’s property or the property of any other person or entity (including but not limited to Contractor’s property) in any manner arising out of or connected with the Contract, or the materials or equipment supplied or services performed by Contractor, its subcontractors and suppliers of any tier. But nothing herein shall be construed as making Contractor liable for any injury, death, loss, damage, or destruction caused by the sole negligence of BEMC
1.4. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless BEMC and BEMC’s directors, officers, and employees from all liens and claims filed or asserted against BEMC, its directors, officers, and employees, or BEMC’s property or facilities, for services performed or materials or equipment furnished by Contractor, its subcontractors and suppliers of any tier, and from all losses, demands, and causes of action arising out of any such lien or claim. Contractor shall promptly discharge or remove any such lien or claim by bonding, payment, or otherwise and shall notify BEMC promptly when it has done so. If Contractor does not cause such lien or claim to be discharged or released by payment, bonding, or otherwise, BEMC shall have the right (but shall not be obligated) to pay all sums necessary to obtain any such discharge or release and to deduct all amounts so paid from the amount due Contractor.
1.5. Contractor shall provide to BEMC’s satisfaction evidence of Contractor’s ability to comply with the indemnification provisions of subparagraphs i and ii above, which evidence may include but may not be limited to a bond or liability insurance policy obtained for this purpose through a licensed surety or insurance company.
1.6. Any and all excess Excess earth, rock, debris, underbrush and other useless materials material shall be removed by the Contractor from the site of the Project or relocated (distributed) to the satisfaction of the Owner as rapidly as practicable as the work progresses.
1.7. (h) Upon violation by the Contractor of any of the provisions of this sectionSection, after written notice of such violation given to the Contractor by the Engineer or BEMCthe Owner, the Contractor shall immediately correct such violation. Upon failure of the Contractor so to do BEMC so, the Owner may correct such violation at the Contractor’s 's expense: . Provided, however, that BEMC the Owner may, if it deems it necessary or advisable, correct such violation at the Contractor’s 's expense without such prior notice to the Contractor. .
(i) The Contractor shall submit to BEMC the Owner monthly reports reports, in duplicate duplicate, of all accidents, giving such data as may be prescribed by BEMCOSHA.
1.8. (j) The Contractor shall not proceed with the cutting of trees or clearing of right-of-way without written notification from BEMC the Owner that proper authorization has been received from BEMC the Owner of the propertyProperty, and the Contractor shall promptly notify BEMC the Owner whenever any land BEMC landowner objects to the trimming or felling of any trees or the performance of any other work on its land in connection with the Project and shall obtain the consent in writing of BEMC the Owner before proceeding in any such case.
1.9(k) Sufficient, safe, cool drinking water and an adequate first-aid kit shall be provided on every work truck, at each building site, and at other work locations as needed. The Contractor will furnish, prior to the commencement of underground distribution construction, proof satisfactory to BEMC, of compliance with requirements of highway and road authorities having jurisdictionAdequate safety equipment, including without limitation, the furnishing of a bond or other guarantyrubber gloves, and approval by such authorities of construction tools for the equipment and methods of construction and repair to workmen shall be used provided by the Contractor.
Appears in 1 contract
Protection to Persons and Property. 1.1. The Contractor shall at all times take all reasonable precautions for the safety of employees on the work and of the public, and shall comply with all applicable provisions of federalFederal, stateState and Municipal safety laws and electrical, and local laws, rules, and regulations and building and construction codes, in addition to as well as the safety rules and procedures regulations of BEMC.
1.2the Owner. All machinery and equipment and other physical hazards shall be guarded in accordance with the Manual of accident Prevention in Construction of the Associated General Contractors of America unless such instructions are incompatible with Federal, State, or Municipal laws or regulations. The following provisions shall not limit the generality of the above requirements:
a. The Contractor shall at no time and under no circumstances cause or permit any employee of the Contractor to perform any work upon energized lines, or upon poles carrying energized lines, unless otherwise specified in the Notice and Instructions to Contractors.
b. The Contractor shall transport and store all material in facilities and vehicles which are designed to protect the material from damage1. The Contractor shall ensure that all vehicles, trailers, and other equipment used comply with all applicable licensing, traffic, and highway requirements.
c. The Contractor shall so conduct the construction of the Project as to cause the least possible obstruction of public highways.
d. The 2. Contractor shall provide and maintain all such guard lights and other protection for the public as may be required by applicable statutes, ordinances and regulations or by local conditions.
e. The 3. Contractor shall do all things necessary or expedient to properly protect any and all parallel, converging and intersecting lines, joint line poles, highways and any and all property of others from damage, and in the event that any such parallel, converging and intersecting intersection lines, joint line poles, highways or other property are damaged in the course of the construction of the Project the Project, Contractor shall at its own expense restore any or all of such damaged property immediately to as good a state as before such damage occurred.
f. 4. Where the right-of-way of the Project traverses cultivated or grazing lands, the Contractor shall limit the movement of its crews and equipment so as to cause as little damage as possible to crops, orchards or the property and shall endeavor to avoid marring the lands. All fences which that are necessarily opened or moved during the construction of the Project shall be replaced in as good condition as they were found and precautions shall be taken to prevent the escape of livestockfound. Except as otherwise provided in the descriptions of underground plowing and trenching assembly units, the Contractor shall not be responsible for loss of or damage to crops, orchards or property (other than livestock) on the right- right-of-way necessarily incident to the construction of the Project and not caused by negligence or inefficient operation of the Contractor. The Contractor shall be responsible for all other loss of or damage to crops, orchards, or property, whether on or off the right-right- of-way, and for all loss of or damage to livestock way caused by the construction of the Project.
g. For overhead line repair, the . The right-of-way for purposes of this said section shall consist of an area extending 10 50 feet on both sides of the center line centerline of the poles structures along the route of the Project lines (5 feet on both sides for underground line repair)lines, plus such area reasonably required by the Contractor for access to the route of the Project lines from Public roads to carry on construction activities.
h. 5. The Annual Project, from the commencement of work to completion, or to such earlier date or dates when BEMC may take possession and control in whole or in part as hereinafter provided shall be under the charge and control of the Contractor and during such period of control by the Contractor Contractor, all risks in connection with the construction of the Project and the materials to be used therein shall be borne by the Contractor. The Contractor shall make good on all injuries and fully repair all injuries and damages to the Annual Project or any portion thereof under the control of the Contractor by reason of any act Act of God or other casualty or cause cause, whether or not the same shall have occurred by reason of the Contractor’s 's negligence.
1.3. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless BEMC and BEMC’s directors, officers, and employees from all claims, causes of action, losses, liabilities, and expenses (including reasonable attorney’s fees) for personal loss, injury, or death to persons (including but not limited to Contractor’s employees) and loss, damage to or destruction of BEMC’s property or the property of any other person or entity (including but not limited to Contractor’s property) in any manner arising out of or connected with the Contract, or the materials or equipment supplied or services performed by Contractor, its subcontractors and suppliers of any tier. But nothing herein shall be construed as making Contractor liable for any injury, death, loss, damage, or destruction caused by the sole negligence of BEMC
1.4. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless BEMC and BEMC’s directors, officers, and employees from all liens and claims filed or asserted against BEMC, its directors, officers, and employees, or BEMC’s property or facilities, for services performed or materials or equipment furnished by Contractor, its subcontractors and suppliers of any tier, and from all losses, demands, and causes of action arising out of any such lien or claim. Contractor shall promptly discharge hold Owner harmless from any and all claims for injuries to persons or remove for damage to property happening by reason of any such lien negligence on the part of Contractor or claim any of Contractor's agents or employees during the control by bonding, payment, Contractor of the Annual Project or otherwise and shall notify BEMC promptly when it has done so. If Contractor does not cause such lien or claim to be discharged or released by payment, bonding, or otherwise, BEMC shall have the right (but shall not be obligated) to pay all sums necessary to obtain any such discharge or release and to deduct all amounts so paid from the amount due Contractorpart thereof.
1.5. Contractor shall provide to BEMC’s satisfaction evidence of Contractor’s ability to comply with the indemnification provisions of subparagraphs i and ii above, which evidence may include but may not be limited to a bond or liability insurance policy obtained for this purpose through a licensed surety or insurance company.
1.66. Any and all excess earth, rock, debris, underbrush and other useless materials material shall be removed by the Contractor from the site of the Project as rapidly as practicable as the work progresses.
1.77. Upon violation by the Contractor of any of the provisions of this section, after written notice of such violation given to the Contractor by the Engineer or BEMCOwner, the Contractor shall immediately correct such violation. Upon failure of the Contractor so to do BEMC so Owner may correct such violation at the Contractor’s 's expense: Provided, provided, however, that BEMC Owner may, if it deems it necessary or advisable, correct such violation at the Contractor’s 's expense without such prior notice to Contractor.
8. Contractor shall immediately notify the ContractorOwner of all accidents. The Contractor shall submit to BEMC monthly reports in duplicate of the Owner within 24 hours a written report all accidents, giving such data as may be prescribed by BEMCthe Owner.
1.89. The Contractor shall not proceed with the cutting of trees or clearing of right-of-of- way without written notification from BEMC Owner that proper authorization has been received from BEMC the owner of the property, and the Contractor shall promptly notify BEMC Owner whenever any land BEMC landowner objects to the trimming or felling of any trees or the performance of any other work on its land in connection with the Project and shall obtain the consent in writing of BEMC the Owner before proceeding in any such case.
1.9. The Contractor will furnish, prior to the commencement of underground distribution construction, proof satisfactory to BEMC, of compliance with requirements of highway and road authorities having jurisdiction, including without limitation, the furnishing of a bond or other guaranty, and approval by such authorities of the equipment and methods of construction and repair to be used by the Contractor.
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