Common use of SAFETY OF PERSONS AND PROPERTY Clause in Contracts

SAFETY OF PERSONS AND PROPERTY. 10.2.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (a) all employees on the Work and all other persons who may be affected thereby; (b) all the Work and all materials and equipment to be incorporated therein, whether in storage on or off-the site, under the care; custody or control of the Contractor or any of his Subcontractors or Sub-subcontractors; and (c) other property at the site or adjacent thereto, including trees, shrubs; lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall: (1) exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all damage or loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(b) and 10.2.1(c) of these General Conditions caused in whole or in part by the Contractor, any 10.2.7 The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the State and the Architect. 10.2.8 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.

Appears in 186 contracts

Samples: Contract for Services, Contract for Services, Contract for Services

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SAFETY OF PERSONS AND PROPERTY. 10.2.1 15.2.1 The Contractor Construction Manager shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (a) all employees Employees on the Work and all other persons who may be affected thereby; (b) all the The Work and all materials and equipment to be incorporated therein, whether in storage on or off-off the siteSite, under the care; , custody or control of the Contractor Construction Manager or any of his Construction Manager’s Subcontractors or Sub-subcontractors; and; (c) other Other property at the site or Site and adjacent thereto, including trees, shrubs; , lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; 15.2.2 All alcoholic beverages, smoking and drugs shall be prohibited from the Project site. 10.2.2 15.2.3 All workers on the Project site shall wear appropriate and uniform-like attire and shall have visible identification as being employees of the Construction Manager or Subcontractor. (for example, all employees wear same color shirts). 15.2.4 The Contractor Construction Manager shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority authorities bearing on the safety of persons or property or their protection from damage, injury or lossloss in accordance with CFR/29 Code of Federal Register, Part 1926. 10.2.3 15.2.5 The Contractor Construction Manager shall erect and maintain, as required by existing conditions and progress performance of the WorkContract, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners Owners and users of adjacent sites and utilities. 10.2.4 15.2.6 When the use or storage of explosives or other hazardous materials or equipment is or unusual methods are necessary for the execution of the Work, the Contractor shall: (1) Construction Manager shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for 15.2.7 The Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor Manager shall promptly remedy all damage and loss (other than damage or loss (consistent with Contractor’s obligations described in Attachment Cinsured under property insurance required by the Contract Documents) to any property referred to in Clauses 10.2.1(b15.2.1.(b) and 10.2.1(c(c) of these General Conditions this agreement caused in whole or in part by the ContractorConstruction Manager, anya Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Construction Manager is responsible, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them or by anyone by whose acts either of them may be liable and not attributable to the fault or negligence of the Construction Manager. The foregoing obligations of the Construction Manager are in addition to any other obligations of the Construction Manager including Section 00700. 10.2.7 15.2.8 The Contractor Construction Manager shall designate a responsible member of his the Construction Manager’s organization at the site Site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent Construction Manager’s Superintendent unless otherwise designated by the Contractor Construction Manager in writing to the State Owner and the Architect. 10.2.8 15.2.9 The Contractor Construction Manager shall not load or permit any part of the Work construction or site to be loaded so as to endanger its the site safety. 15.2.10 The Construction Manager shall promptly report to the Architect and Owner in writing and by telephone all accidents arising out of or in connection with the Work that cause death, serious personal injury or major property damage. In addition, the Construction Manager shall be required to notify the Owner of all recordable accidents.

Appears in 10 contracts

Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement

SAFETY OF PERSONS AND PROPERTY. 10.2.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (a) all employees on the Work and all other persons who may be affected thereby; (b) all the Work and all materials and equipment to be incorporated therein, whether in storage on or off-the site, under the care; custody or control of the Contractor or any of his its Subcontractors or Sub-subcontractorsSubcontractors; and (c) other property at the site or adjacent thereto, including trees, shrubs; lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall give all notices and shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall: (1) exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- State-owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all damage or loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(b) and 10.2.1(c) of these General Conditions caused in whole or in part by the Contractor, any, 10.2.7 The Contractor shall designate a responsible member of his its organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the State and the ArchitectState. 10.2.8 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.

Appears in 4 contracts

Samples: Contract Amendment, Service Agreement, Contract Amendment

SAFETY OF PERSONS AND PROPERTY. 10.2.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (a) all 10.2.1.1 All employees on executing the Work and all other persons who may be affected thereby; (b) all 10.2.1.2 All of the Work and all materials and equipment to be incorporated therein, whether in storage on or off-off the Project site, under the care; , custody or control of the Contractor or any of his its Subcontractors or Sub-subcontractors; andSubcontractors or others; (c) other 10.2.1.3 Other property at the Project site or adjacent thereto, including trees, shrubs; , lawns, walks, pavements, roadways, structures structures, and utilities not designated for removal, relocation or replacement in the course of construction; and 10.2.1.4 Owner’s equipment and employees, agents, and separate contractors; provided that Owner’s equipment and employees, agents and separate contractors comply with applicable state and federal safety regulations and Contractor’s written safety program. 10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss, including without limitation the Confined Space Entry policy promulgated by Owner. The Xxxxxxxx-Xxxxxxx Occupational Safety Act of 1970, as amended, administered by the United States Department of Labor, is specifically applicable, as are parallel state statutes. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including barriers and the posting of danger signs and other warnings against hazards, promulgating safety regulations regulations, and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall: (1) shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all All damage or loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(b) and 10.2.1(c) of these General Conditions caused in whole or in part by the ContractorSections 10.2.1.2, any 10.2.7 The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the State and the Architect. 10.2.8 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.10.2.1.3, and

Appears in 2 contracts

Samples: Progressive Design Build Agreement, Design Build Agreement

SAFETY OF PERSONS AND PROPERTY. 10.2.1 1. The Contractor shall take all reasonable precautions for the safety of, of and shall provide all reasonable protection to prevent damage, injury or loss to: (a) A. all employees employees, workmen or craftsmen on the Work and all other persons who may be affected therebythereby with attention to OSHA Sections 1926-C and 1926-E; (b) B. all the Work and all materials and equipment to be incorporated therein, whether in storage on or off-off the site, under the care; , custody or control of the Contractor or any of his Subcontractors or Sub-subcontractors; and (c) C. other property at the site or adjacent thereto, including trees, shrubs; , lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 2. The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations regulations, and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 3. The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 4. Contractor shall take all reasonable steps to maintain access for all residences and businesses in conformance with Section 102-2.4 of the F.D.O.T. Specifications. 5. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall: (1) shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection6. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all damage or loss (consistent with Contractor’s obligations described in Attachment Cother than damage or loss insured under Paragraph 13.03) to any property referred to in Clauses 10.2.1(bSubparagraphs (b) and 10.2.1(c(c) of these General Conditions Paragraph 12.02 caused in whole or in part by the Contractor, anyany 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 under Subparagraphs (b) and (c) of Paragraph 12.02, except damage or loss attributable to the acts or omissions of the Owner, or anyone directly employed by Owner and not attributable in any part to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to his obligations under Paragraph 8.13. 10.2.7 7. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the State and Owner prior to the Architectcommencement of the work. 10.2.8 8. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. 9. The performance of services pursuant to this Paragraph 12.02 by the Contractor shall not relieve the subcontractors, suppliers, material men, or anyone furnishing goods and services to the job site of their responsibilities for the safety of persons and property, and for compliance with all federal, state, and local statutes, rules, regulations, and orders applicable to the conduct of the Work.

Appears in 2 contracts

Samples: Bid Specifications and Standard Agreement for Construction Services, Bid Specifications and Standard Agreement for Traffic Signal Construction

SAFETY OF PERSONS AND PROPERTY. 10.2.1 13.2.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss loss, to: (a) .1 all employees on engaged in the Work and all other persons who may be affected thereby; (b) .2 all the Work and all materials and equipment to be incorporated therein, whether in storage on or off-off the site, under the care; , custody or control of the Contractor or any of his Subcontractors or Sub-subcontractors; and (c) .3 other property at the site or adjacent thereto, including trees, shrubs; , lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 13.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on having jurisdiction for the safety of persons or property or their protection to protect them from damage, injury or loss. 10.2.3 The Contractor . He shall erect and maintain, as required by existing conditions and the progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 13.2.3 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall: (1) shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all 13.2.4 All damage or loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(b) 13.2.1.2 and 10.2.1(c) of these General Conditions 13.2.1.3 caused in whole or in part by the Contractor, anyany 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, shall be remedied by the Contractor. 10.2.7 13.2.5 The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent Superintendent unless otherwise designated in writing by the Contractor in writing to the State and the ArchitectOwner. 10.2.8 13.2.6 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.

Appears in 2 contracts

Samples: Contract and General Conditions, Contract and General Conditions

SAFETY OF PERSONS AND PROPERTY. 10.2.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (a) all .1 employees on the Work Work, school personnel, students, and all other persons on Owner’s premises and other persons who may be affected thereby;, including the installation of fencing between the Work site and the occupied portion of a connecting or adjacent educational facility; and (b) all .2 the Work and all materials and equipment to be incorporated therein, whether in storage on or off-off the site, under the care; , custody or control of the Contractor or any of his the Contractor's Subcontractors or Sub-subcontractors; and (c) .3 other property at the site or adjacent thereto, including such as other buildings, and their contents, fencing, trees, shrubs; , lawns, walks, athletic fields, facilities and tracks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 any other property of the Owner, whether or not forming part of the Work, located at the site or adjacent thereto in areas to which the Contractor has access; and .5 all work and materials which may be caused by the effects of weather (rain, wind, ice, freezing, and heat); and .6 building elements and equipment when subject to damage. 10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority authorities bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and progress performance of the WorkContract, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. The Contractor shall also be responsible, at the Contractor’s sole cost and expense, for all measures necessary to protect any property adjacent to the Project and improvements therein. Any damage to such property or improvements shall be promptly repaired by Contractor. Contractor shall provide reasonable full protection safeguards and provide approved all protection safety equipment for use by all exposed Contractor employees. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is or unusual methods are necessary for the execution of the Work, the Contractor shall: (1) shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; , and (2) give shall only conduct such activities after giving reasonable advance written notice of the State noticepresence or use of such materials, in writing, seven (7) days equipment or methods to Owner and Architect. The storage of explosives on Owner’s property is prohibited. The use of explosive materials on Owner’s property is prohibited unless expressly approved in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project sitein writing by Owner and Architect. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all damage or and loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(b) and 10.2.1(c) of these General Conditions 10.2.1 caused in whole or in part by the Contractor, anya Subcontractor, a Sub- subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clause 10.2.1, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.7 10.2.6 The Contractor shall designate a responsible member of his the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the State Owner and the Architect. 10.2.8 10.2.7 The Contractor shall not load or permit any part of the Work construction or site to be loaded so as to endanger its safety. 10.2.8 The Contractor shall provide and maintain in good operating condition suitable and adequate fire protection equipment and services, and shall comply with all reasonable recommendations regarding fire protection made by the representatives of the fire insurance company carrying insurance on the Work or by the local fire chief or fire marshal. The area within the site limits shall be kept orderly and clean, and all combustible rubbish shall be promptly removed from the site. 10.2.9 The Contractor shall at all times protect excavations, trenches, buildings and materials, from rain water, ground water, backup or leakage of sewers, drains and other piping, and from water of any other origin and shall remove promptly any accumulation of water. The Contractor shall provide and operate all pumps, piping and other equipment necessary to this end. The Contractor shall provide all shoring, bracing, and sheathing required for safety and proper execution of the Work and shall have the same removed when Work is complete. All shoring, bracing, and sheathing shall be constructed in accordance with accepted engineering procedures and shall meet the requirements of all applicable federal, state and local regulations. 10.2.10 The Contractor shall remove snow and ice that might result in damage or delay. 10.2.11 During the progress of the Work and at all times prior to the date of Substantial Completion or occupancy of the Work by the Owner, whichever is earlier, the Contractor shall provide temporary heat, ventilation, and enclosure, adequate to permit the Work to proceed in a timely fashion, and to prevent damage to completed Work or Work in progress, or to materials stored on the premises. The permanent heating and ventilation systems may be used for these purposes when available unless otherwise provided in the Contract Documents. When so used, and prior to substantial completion, Contractor shall provide new filters, clean the systems thoroughly, touch up paint, and take other measures to provide systems in the condition they would otherwise be found without such temporary use. In addition, the Contractor shall provide an extended warranty, if necessary, for the items so used so that the full warranty required by the Contract Documents is provided to the Owner. All fuel used or electric power consumed hereunder shall be at the full expense of the Contractor. 10.2.12 The Contractor shall do all things necessary to protect the Owner’s premises and all persons from damage or injury, when all or a portion of the Work is suspended for any reason.

Appears in 1 contract

Samples: General Contract

SAFETY OF PERSONS AND PROPERTY. 10.2.1 The XXXX Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (aA) all employees on the Work and all other persons who may be affected therebyhereby; (bB) all the Work and all materials and equipment to be incorporated therein, whether in storage on or off-off the site, under the care; custody , custody, or control of the XXXX Contractor or any of his Subcontractors the Contractor’s SubContractors or Sub-subcontractorssubContractors; and (cC) other property at the site or adjacent thereto, including such as trees, shrubs; , lawns, walks, pavements, roadways, structures structures, and utilities not designated for removal, relocation or replacement in the course of construction. (D) students, staff, faculty, visitors, and members of the general public on or in the vicinity of the University of New Mexico property or facilities. 10.2.2 The XXXX Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority authorities bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The XXXX Contractor shall erect and maintain, as required by existing conditions and progress performance of the WorkContract, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners Owners and users of adjacent sites and utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is or unusual methods are necessary for the execution of the Work, the XXXX Contractor shall: (1) shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The XXXX Contractor shall promptly remedy all damage and loss (other than damage or loss (consistent with Contractor’s obligations described in Attachment Cinsured under property insurance required by the Contract Documents) to any property referred to in Clauses 10.2.1(b) and 10.2.1(c) of these General Conditions Paragraph 10.2 caused in whole or in part by the XXXX Contractor, any 10.2.7 a SubContractor, a Sub-subContractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the XXXX Contractor is responsible, except damage or loss attributable solely to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the XXXX Contractor. The foregoing obligations of the XXXX Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be are in addition to the Contractor's superintendent unless otherwise designated by ’s obligations stated elsewhere in the Contractor in writing to the State and the ArchitectContract Documents. 10.2.8 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.

Appears in 1 contract

Samples: Contract for Construction Manager at Risk

SAFETY OF PERSONS AND PROPERTY. 10.2.1 10.1.1 The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work and shall take all reasonable adequate precautions for the safety of, of and shall provide all reasonable adequate protection to prevent damage, injury injury, or loss to: (a) all to employees on the Work and all other persons who may be affected thereby; (b) all , the Work and all materials and equipment to be incorporated therein, whether in storage on or off-the site, under the care; custody or control of the Contractor or any of his Subcontractors or Sub-subcontractors; and (c) other and property at the Project site and adjoining property. 10.1.2 Contractor shall prior to the start of construction, submit to the AOC a written plan for Project site safety that is complaint with all applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on the safety and protection of persons and property from damage, injury or adjacent theretoloss, including trees, shrubs; lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement as well as the guidance found in the course of constructionAOC Project Safety Manual if one is provided to the Contractor. 10.2.2 10.1.3 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority authorities bearing on the safety of persons or property property, or their protection from damage, injury or loss. 10.2.3 10.1.4 The Contractor shall erect and maintain, as required by existing conditions and progress performance of the WorkContract, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying the State, other owners and users of adjacent sites and utilities. 10.2.4 When 10.1.5 The Contractor shall at all times conduct the use or storage of explosives or other hazardous materials or equipment is necessary for the execution construction of the WorkWork to minimize inconvenience to the general public and to ensure the protection of persons and business adjacent to the Project site so as to minimize interference with their daily lives and operations. 10.1.6 The Contractor shall designate the Work Superintendent, the Contractor shall: (1) exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity or some other responsible member of the Contractor’s intent organization who is at the Site, to store and/ or use explosives or other hazardous materials or equipment on be the project sitecompetent person responsible for the prevention of accidents and the monitoring of the safety of the Work. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 10.1.7 The Contractor shall promptly remedy all damage or and loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(b) and 10.2.1(c) of these General Conditions Clause 10.1.1 caused in whole or in part by the Contractor, anya Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clause10. 10.2.7 1.1. The foregoing obligations of the Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be are in addition to the Contractor's superintendent unless otherwise designated by the Contractor in writing to the State and the Architectobligations under Exhibit A, Article 1. 10.2.8 10.1.8 The Contractor shall not load or permit any part of the Work or Project site to be loaded so as to endanger its safety. 10.1.9 When conditions of the Work, in the judgment of the AOC, present unreasonable risk of injury or death to persons or property damage, the AOC, may direct the Contractor, at the Contractor's sole expense, to close down the Work and not commence work again until all dangerous conditions are eliminated. 10.1.10 The Contractor, at the Contractor's own cost, shall rebuild, repair, restore and make good any and all damages to any portion of the Work affected by such causes before its acceptance.

Appears in 1 contract

Samples: Standard Agreement

SAFETY OF PERSONS AND PROPERTY. 10.2.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (a) all .1 employees on the Work and all other persons or other entities who may be affected thereby; (b) all .2 the Work and all materials and equipment to be incorporated therein, whether in storage on or off-off the site, under the care; , custody or control of the Contractor or any of his the Contractor’s Subcontractors or Sub-Sub- subcontractors; and; (c) .3 other property at the site or adjacent thereto, including such as trees, shrubs; , lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 from activities of the Contractor relating to the work of the Owner or other separate contractor. Without limitation, the Contractor shall implement procedures as may be necessary to protect the interests of the Contractor and the Owner and to provide for the safety and security of the general public, employees and agents of the Owner and the Architect, and other persons who may be affected by the Work, and to exclude unauthorized persons from the site. 10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority authorities bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and progress performance of the WorkContract, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss to the extent attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose to the extent acts either of them may be liable, and not attributable in part to the fault or negligence of the Contractor or such persons acting under it. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.2.8 The Contractor shall satisfactorily conduct its Work at all street and highway crossings and along all highways, street and other ways in accordance with the permission and requirements of the proper authorities. Vehicular traffic shall be routed through temporary detours during construction when required to maintain proper flow of traffic. The Contractor shall plan and conduct his operations in such a manner that the continuous flow of traffic is uninterrupted and with a minimum of inconvenience to the general public. 10.2.9 The Contractor shall assume all responsibility for the protection of property of adjacent owners so far as affected by the Contractors operations and shall build and maintain such temporary fences or walls as may be required to permit the reasonable use of such adjacent property and to exclude trespassers from the site. The Contractor shall provide temporary protection at all openings in the outside fences or walls to endeavor to prevent unauthorized persons from obtaining access during the night and at other non-working hours. 10.2.10 Absolutely no use of explosives or conducting of blasting operations shall be permitted without the express prior written permission of the Owner and in strict accordance with the requirements of the Owner, and in strict accordance with the rules and regulations of governmental authorities governing the keeping, storage, use, manufacture, sale, handling, transportation or other disposition of explosives and such other rules and regulations as may be promulgated from time to time by authorities having jurisdiction. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall: (1) shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched 10.2.11 The Contractor shall provide and steep roofs, Contractor must maintain in good operating condition suitable and adequate fire protection equipment and shall comply with all requirements recommendations regarding fire protection made by the representatives of the latest edition insurance company or companies carrying insurance on the Work or by the local fire chief or fire marshal. The site shall be kept orderly and clean, and all combustible rubbish shall be removed from the site daily. 10.2.12 The Contractor shall at all times protect excavations, trenches, structures, materials, equipment and fixtures from damage from rain water and other weather, ground water, back-up or leakage of VOSHA sewers, drains and other piping, and from water of any other origin and shall remove promptly any accumulation of water. The Contractor shall provide and operate all pumps, piping and other equipment necessary to this end. The Contractor shall remove snow and ice which might create a hazard on or about the site or result in damage or delay. 10.2.13 The Contractor shall take all reasonable precautions to endeavor to prevent loss or damage caused by vandalism, theft, burglary, pilferage, or unexplained disappearance of property of the Owner forming part of the Work, or located within those areas of the Project to which the Contractor has access. 10.2.14 In the event the Contractor discovers any active utility line which had not yet been disclosed on any survey, the Contractor shall cease all Work in the immediate area which may affect such line and shall promptly notify the Owner, the Architect, and the affected utility company. The Contractor shall not restart Work without notice from and approval of the Architect. 10.2.15 The Contractor shall at all times provide and maintain adequate protection against weather so as to preserve the Work, materials, equipment, apparatus, and fixtures free from injury or damage. The Contractor shall use special care to insure that moisture penetration and mold prevention measures are employed in construction, including without limitation measures relating to the staging and storage of porous materials susceptible to water infiltration and mold, treatment and prevention of standing water conditions on the site, sheetrock installation sequencing and protection, plumbing and ductwork insulation sequencing and protection, roof enclosures and protection during construction, temporary protection and enclosures, and weather/winter protection procedures, HVAC test and balance procedures/criteria; the proper dissipation or vaporization of the water content of construction materials so that such dissipation or vaporization does not lead to any mold conditions, periodic monitoring and inspection procedures concerning water intrusion and mold conditions, conformance to and submittal to the Owner of all Material Safety and Health Standards Data Sheets (MSDS) published for Construction (29 CFR 1926) construction materials incorporated into the Project, including, but not limited to, Subpart M – Fall Protectionany and all MSDS for construction materials incorporated into interior finishes, and procedures for the evaluation and remediation in the event of an actual water intrusion or mold condition at the site. Prior to execution If the Contractor discovers a mold condition of a contract by BGSany kind at the site, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification it shall be submitted on a State-provided form along with proof of insuranceimmediately notify the Owner. 10.2.6 10.2.16 The Contractor shall promptly remedy use reasonable efforts to protect all finished surfaces of the Work, including the jambs and soffits of all openings used as passageways or through which materials are handled, against damage or loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(b) and 10.2.1(c) resulting from the conduct of these General Conditions caused in whole or in part Work by the ContractorContractor or by any separate contractors. 10.2.17 In the event of temporary suspension of Work and during inclement weather, any 10.2.7 or whenever further directed the Owner or Architect, Work and materials shall be adequately protected against damage. The Contractor shall designate a responsible member of his organization at the site whose duty take special precautions to prevent damage to materials and Work installed in cold or freezing weather, by providing adequate temporary heat and suitable enclosures or covering. The ground surfaces under footings and under pipe lines, and all concrete and masonry Work, shall be protected against frost and freezing. The Contractor shall provide temporary weathertight enclosures for all exterior openings to protect the prevention Work from freezing weather and to maintain proper building temperatures for operations of accidentsall trades. 10.2.18 The Contractor shall exercise every precaution when core drilling holes through the existing concrete floor slabs. This person In the event the Contractor damages an existing electrical conduit, air line, etc., above or below the slab during its drilling operations, the Contractor shall repair the damage as approved by the Owner. If the Contractor damages an existing electrical conduit, air line, etc., buried in the slab during his drilling operation, the Contractor shall repair the damage as approved by the Architect. The costs of repair shall be the Contractor's superintendent unless otherwise designated borne by the Contractor and included in writing to the State and the ArchitectContract Sum. 10.2.8 10.2.19 The Contractor shall not load provide ventilation of enclosed areas during construction as required to permit proper curing and drying out, and to prevent excessive humidity, moisture and condensation. Ventilation shall be by natural or permit any part artificial means as required by the conditions involved. 10.2.20 The Contractor shall control the safe handling and storage of all explosives, welding materials, acetylene and oxygen tanks, and other equipment required for blasting operations, welding and cutting Work, at the site. All welding materials and equipment shall be removed promptly from the premises upon completion of the welding and cutting Work. No welding torch or other open flames will be used within any of the Owner’s buildings without a fire watch with an appropriate fire extinguisher or within one hour of quitting time. 10.2.21 The Work shall be performed in such a manner as to minimize any threat of fire, and during any Work involving a fire hazard the Contractor shall take all necessary precautions against fires started and spreading on the site, within building and temporary structures. The Contractor shall provide and maintain sand buckets, suitable fire extinguishers and hoses where and as required to provide adequate means of extinguishing fires. Minimum fire prevention requirements shall be as directed and approved by the Owner’s safety office, the Owner’s insurance agents and the local Fire Department. Permanent standpipes shall be made available during construction. Gasoline and other flammable liquids shall not be stored within buildings; shall be stored in and dispensed from U.L. listed safety containers in conformance with N.B.F.U. recommendations and the requirements of all authorities having jurisdiction. Contractor shall cooperate with the Owner’s insurance underwriters’ inspectors and promptly carry out their recommendations. During torch cutting and welding operations a dry chemical fire extinguisher shall be available in the location where such Work is in progress. 10.2.22 The Contractor shall arrange for and provide all local police officers required by the local police department to be loaded present at or adjacent to the site for traffic control purposes. The cost of all police officers so as to endanger its safetyrequired shall be borne by the Contractor and included in the Contract Sum.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor (Adicet Bio, Inc.)

SAFETY OF PERSONS AND PROPERTY. 10.2.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (a) all 10.2.1.1 All employees on executing the Work and all other persons who may be affected thereby; (b) all 10.2.1.2 All of the Work and all materials and equipment to be incorporated therein, whether in storage on or off-off the Project site, under the care; , custody or control of the Contractor or any of his its Subcontractors or Sub-subcontractors; andSubcontractors or others; (c) other 10.2.1.3 Other property at the Project site or adjacent thereto, including trees, shrubs; , lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and 10.2.1.4 Owner’s equipment and employees, agents and separate contractors; provided that Owner’s equipment and employees, agents and separate contractors comply with applicable state and federal safety regulations and Contractor’s written safety program. 10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss, including without limitation the Confined Space Entry policy promulgated by Owner. The Xxxxxxxx-Xxxxxxx Occupational Safety Act of 1970, as amended, administered by the United States Department of Labor, is specifically applicable, as are parallel state statutes. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including barriers and the posting of danger signs and other warnings against hazards, promulgating safety regulations regulations, and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall: (1) shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all All damage or loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(b) and 10.2.1(c) of these General Conditions caused in whole or in part by the ContractorSections 10.2.1.2, any 10.2.7 The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the State and the Architect. 10.2.8 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.10.2.1.3, and

Appears in 1 contract

Samples: Construction Agreement

SAFETY OF PERSONS AND PROPERTY. 10.2.1 The Contractor is responsible for initiating and maintaining all safety precautions and programs, commensurate with industry best practices in connection with the performance Contractor’s obligations under this Contract. Without limiting Contractor’s obligation to indemnify Owner or any of its other obligations under the Contract, Contractor is solely responsible for the conduct, safety, and health of its employees, agents, Subcontractors and others performing the Work or entering into the Work area, and any impact they or their agents may have on the public arising out of this Contract. Contractor represents and warrants that information provided to Owner with regard to the safe conduct of the Contractor’s business, if requested by Owner, is accurate and complete. Failure by Owner to review any information provided by Contractor shall take all reasonable precautions for not relieve Contractor of its obligations under the safety ofContract. Further, and Contractor shall provide all reasonable protection to prevent damage, injury or loss to:notify Owner immediately upon (a) all 1. employees on and those performing labor or services or furnishing equipment or materials at the Work site and all other persons who may be affected thereby; (b) all 2. the Work and all materials and equipment to be incorporated or utilized therein, whether in storage on or off-off the site, under the care; , custody or control of the Contractor or any of his Subcontractors the Subcontractors, or Sub-subcontractorsother person or entity providing services or work for the Contractor; and (c) 3. other property at the site or adjacent thereto, including such as trees, shrubs; , lawns, walks, pavements, roadways, or structures and utilities not designated for removal, relocation or replacement in the course of construction; 4. other structures contiguous to the Work site and otherwise located at or contiguous to the premises, and trees, shrubs, lawns, walks, pavements, roadways and utilities serving such structures and premises; and 5. the work, materials, equipment, tools, machinery and, facilities of or being utilized by the Owner’s own forces or their separate design professionals, consultants or contractors. 10.2.2 The Contractor shall comply with, and give all notices and comply with all required by, applicable laws, statutes, ordinances, rulescodes, regulations rules and regulations, and lawful orders of any public authority authorities, bearing on the safety of persons or property property, or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect implement, erect, and maintain, as required by existing conditions and progress performance of the WorkContract, all reasonable safeguards for safety and protection, including but not limited to posting danger signs and other warnings against hazards, promulgating safety regulations rules and notifying regulations, and notify owners and users of adjacent utilitiessites and utilities of the safeguards and protections. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is equipment, or unusual methods, are necessary for the execution of the Work, the Contractor shall: (1) shall exercise the utmost care care, and shall carry on such activities under the supervision of properly qualified personnel; personnel and (2) give the State Owner reasonable prior notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all damage and loss (other than damage or loss (consistent with Contractor’s obligations described in Attachment Cinsured under property insurance required by the Contract Documents) to any property referred to in Clauses 10.2.1(b) Sections 10.2.1.ii and 10.2.1(c) of these General Conditions 10.2.1.iii, caused in whole or in part by the Contractor, anythe Subcontractors, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.ii and 10.2.1.iii; except to the extent such damage or loss is attributable to negligent acts or omissions of the Owner, or anyone directly or indirectly employed by the Owner, or by anyone for whose acts the Owner may be liable, excluding Contractor and Subcontractors. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.1.15. 10.2.7 10.2.6 The Contractor shall designate a responsible member of his organization the Contractor’s organization, at the site site, whose duty shall be the prevention of accidents. This person shall be the Contractor's ’s superintendent unless otherwise designated by the Contractor in writing to the State and the ArchitectOwner. 10.2.8 10.2.7 The Contractor shall not load or permit any part of the Work construction or site to be loaded so as to endanger its safetycause damage or create an unsafe condition.

Appears in 1 contract

Samples: Engineering, Procurement, and Construction Agreement

SAFETY OF PERSONS AND PROPERTY. 10.2.1 The Contractor Design/Builder shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (a1) all employees on the Work and all other persons who may be affected thereby; (b2) all the Work and all materials and equipment to be incorporated therein, including Developer's, Owner's and/or any lessees or purchaser's materials and equipment, whether in storage on or off-off the siteSite, under the care; , custody or control of the Contractor Design/Builder or any of his Subcontractors or Sub-subcontractors; and (c3) other property at the site or adjacent thereto, including trees, shrubs; , lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor Design/Builder shall give all notices and comply with all applicable laws, ordinances, codes, rules, regulations and lawful orders of any public authority bearing on having jurisdiction for the safety of persons or property or their protection to protect them from damage, injury or loss. 10.2.3 The Contractor . Design/Builder shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including including, posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. Design/Builder shall maintain a safety plan and program, and submit such to Owner for its review; provided, however, that neither the review nor the acceptance, or approval of or comment to such plan and program shall relieve Design/Builder of responsibility therefor or impose responsibility on Owner or its Developer. 10.2.4 10.2.3 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall: (1) Design/Builder shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all 10.2.4 All damage or loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(bSubparagraphs 10.2.1(2) and 10.2.1(c10.2.1(3) and not reimbursed by the proceeds of these General Conditions Property Insurance referred to in Subparagraph 11.3 hereafter caused in whole or in part by the ContractorDesign/Builder, anyany Subcontractor and Sub- subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable or responsible, shall be promptly remedied by the Design/Builder at such party(ies)'s sole cost and at no cost to Owner except damage or loss attributable to the acts or omissions of the Owner and not attributable to the fault or negligence of the Design/Builder or any Subcontractor, Sub- subcontractor or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable or responsible. 10.2.7 10.2.5 The Contractor Design/Builder shall designate a responsible member of his organization at the site Site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor in writing Design/Builder to the State and the ArchitectOwner. 10.2.8 10.2.6 The Contractor Design/Builder shall not load, off-load or permit any part of the Work to be loaded or off-loaded so as to endanger its safety. 10.2.7 Design/Builder shall continuously maintain adequate protection of all Work from damage and to protect the Developer's property from injury or loss arising in connection with this Contract, and shall perform all Work in accordance with the provisions of the statutes and regulations of the Occupational Safety and Health Administration ("OSHA") and such additional requirements as may be required by OSHA field inspections.

Appears in 1 contract

Samples: Architect Agreement (Wells Real Estate Investment Trust Inc)

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SAFETY OF PERSONS AND PROPERTY. 10.2.1 ‌ 11.1.1 The Contractor Design/Builder shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work. The STA shall have no responsibility for initiating, maintaining and supervising safety of persons and property. 11.1.2 The Design/Builder shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (a) all employees on .1 Employees working under the Work Agreement and all other persons who may be affected therebyby it; (b) all the .2 The Work and all materials and equipment to be incorporated thereinin it, whether in storage on or off-off the Project site, under the care; , custody or control of the Contractor Design/Builder or any of his Subcontractors the Design/Builder's subcontractors or Sub-sub- subcontractors; and (c) other .3 Other property at the site Project site, or adjacent theretoto it, including such as trees, shrubs; , lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in during the course of construction. 10.2.2 11.1.3 The Contractor Design/Builder shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority authorities bearing on the safety of persons or property property, or their protection from damage, injury or loss. 10.2.3 11.1.4 The Contractor Design/Builder shall erect and maintain, as required by existing conditions and progress performance of the WorkContract Documents, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying the STA, other owners (other than the STA) and users of adjacent sites and utilities. 10.2.4 When 11.1.5 The Design/Builder shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of public authorities regarding the storage and/or use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall: (1) exercise the utmost care and . The Design/Builder shall carry on such activities under the employ properly qualified personnel for supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project sitesame. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched 11.1.6 The Design/Builder shall remedy damage and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior loss to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all damage or loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(b) 11.1.2.2 and 10.2.1(c) of these General Conditions 11.1.2.3 caused in whole or in part by the ContractorDesign/Builder, any 10.2.7 a subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Design/Builder is responsible under Clauses 11.1.2.2 and 11.1.2.3. The Contractor shall designate a responsible member Xxxxxx Transportation Authority Agreement foregoing obligations of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor Design Builder are in writing addition to the State and the ArchitectDesign/Builder's obligations under Paragraph 12.3, Indemnification. 10.2.8 11.1.7 The Contractor Design/Builder shall not load or permit any part of the Work or Project site to be loaded so as to endanger its safety. 11.1.8 When conditions of the Work, in the judgment of the STA, present unreasonable risk of injury or death to persons or property damage, the STA, may direct the Design/Builder, at the Design/Builder's sole expense, to close down the Work and not commence work again until all dangerous conditions are eliminated. 11.1.9 The Design/Builder, at the Design/Builder's own cost, shall rebuild, repair, restore and make good any and all damages to any portion of the Work affected by such causes before its acceptance.

Appears in 1 contract

Samples: Design Build Agreement

SAFETY OF PERSONS AND PROPERTY. GC- 10.2.1 The Contractor Design-Builder shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (a) all .1 employees on or involved in the Work and all other persons who may be affected thereby; (b) all .2 the Work and all materials and equipment to be incorporated therein, whether in storage on or off-off the site, under the care; , custody or control of the Contractor Design-Builder or any of his the Design-Builder’s Subcontractors or Sub-subcontractors; and (c) .3 other property at the site or adjacent thereto, including such as trees, shrubs; , lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 2.2 The Contractor Design-Builder shall give all notices and comply with all and give notices required by applicable laws, statutes, ordinances, rulescodes, regulations rules and regulations, and lawful orders of any public authority authorities bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 . The Contractor Design-Builder shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall: (1) exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements notices and comply with all requests from the Owner regarding the safety and protection of the latest edition Owner’s students and staff. The Design-Builder shall comply with the safety regulations set forth in “Safety Standards for Construction” and “General Safety Standards” and any other requirements published by the Washington State Department of VOSHA Labor and Industries. The Design-Builder shall comply with the Federal Occupational Safety and Health Standards for Construction Act of 1970 (29 CFR 1926) includingOSHA), but not limited toincluding all revisions, Subpart M – Fall Protection. Prior to execution amendments and regulations issued thereunder, and the provisions of a contract by BGSthe Washington Industrial Safety and Health Act of 1973 (WISHA), contractors engaged in placement or replacement of roofing systems of including all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all damage or loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(b) revisions, amendments and 10.2.1(c) of these General Conditions caused in whole or in part regulations issued thereunder by the ContractorWashington State Department of Labor and Industries. The WISHA regulations shall apply to all excavation, any 10.2.7 The Contractor trenching and ditching operations. In case of conflict between any such requirements, the more stringent applicable regulation or requirement shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the State and the Architectapply. 10.2.8 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.

Appears in 1 contract

Samples: Design Build Agreement

SAFETY OF PERSONS AND PROPERTY. 10.2.1 The 9.1 Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (a) all 9.1.1 All employees and its Subcontractors and their employees on the Project or performing the Work and all other persons who may be affected thereby;; [Add Contractor Name] 12 Master Agreement for Design and Construction v.5 [Date] (b) all the 9.1.2 All Work and all materials and equipment to be incorporated therein, whether in storage on or off-off the site, Site under the care; , custody or control of the Contractor or any of his Subcontractors or Sub-subcontractorsits Subcontractors; and (c) other 9.1.3 Other property at the site Site or adjacent thereto, including trees, shrubs; , lawns, walks, utilities, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of constructionetc. 10.2.2 The 9.2 Contractor shall give all notices and shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority Applicable Laws bearing on the safety of persons or property or their protection from damage, injury or loss. Specifically but without limitation, Contractor and its Subcontractors shall thoroughly familiarize themselves with all requirements of Public Law 91-956 enacted by Congress, December 29, 1970, cited as the "Occupational Safety and Health Act of 1970", and all amendments thereto, commonly referred to as OSHA, and Contractor shall have the responsibility to fully enforce and comply with all provisions of this Act. 10.2.3 The 9.3 Contractor shall erect and maintain, as required by existing conditions and the progress of the Work, all reasonable safeguards for safety and protectionprotection of the Work, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners CES and users Customer of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall: (1) exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The 9.4 Contractor shall promptly remedy all damage or loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(b) and 10.2.1(c) of these General Conditions caused in whole or in part by Contractor or its Subcontractors, except such damage or loss attributable to the Contractornegligent acts or omissions of CES, anyCustomer, or others for whom they are responsible. 10.2.7 The 9.5 In any emergency affecting the safety of persons or property, Contractor shall reasonably act to prevent threatened damage, injury or loss. 9.6 Contractor shall exercise appropriate, reasonable care in carrying out any Work involving explosive or other dangerous methods of construction or hazardous procedures, materials or equipment. Contractor shall use properly qualified individuals to carry out such Work in a safe and reasonable manner so as to reduce the risk of damage, injury or loss. 9.7 Contractor shall designate a responsible member of his organization an employee at the site whose Site who shall act as Contractor's designated safety representative with a duty shall be the prevention of to prevent accidents. This person Unless otherwise identified in writing, the designated safety representative shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the State and the Architectproject superintendent. 10.2.8 The 9.8 Contractor shall not overload the structures or conditions at the Site and shall take reasonable steps not to load any part of the structures or permit Site so as to give rise to an unsafe condition or create an unreasonable risk of damage, injury or loss. Contractor may submit a written request to CES or Customer for loading information concerning the structures at the Site. 9.9 Contractor shall give prompt written notice to CES of any accident involving personal injury requiring a physician's care, any property damage exceeding five hundred dollars ($500.00) in value, or any accident or failure that could have resulted in serious personal injury, whether or not such an injury was sustained. 9.10 Contractor shall establish its own written safety program implementing safety measures, policies and standards conforming to those required or recommended by governmental and quasi-governmental authorities having jurisdiction, and by CES and Customer, including, but not limited to, requirements imposed by the Contract Documents and the Customer Agreement. Contractor shall comply with the reasonable recommendations of insurance companies having an interest in the Project, and shall stop any part of the Work which CES deems unsafe until corrective measures satisfactory to CES shall have been taken. CES' failure to stop Contractor's unsafe practices shall not relieve Contractor of the responsibility therefor. Contractor shall notify CES immediately following an accident and shall promptly confirm the notice in writing. A detailed written report shall be loaded so furnished if requested by CES. Contractor shall indemnify CES and Customer for fines or penalties imposed on CES or Customer as a result of a safety violation by Contractor. 9.11 Material Safety Data (MSD) sheets as required by law and pertaining to endanger its safetymaterials or substances used or consumed in the performance of the Work shall be submitted to CES by Contractor. MSD sheets obtained by CES from other contractors or sources shall be made available to Contractor. 9.12 Use and handling of Hazardous Substances by Contractor shall be in compliance with all Applicable Laws. [Add Contractor Name] 13 Master Agreement for Design and Construction v.5 [Date]

Appears in 1 contract

Samples: Master Agreement for Design and Construction (Demarco Energy Systems of America Inc)

SAFETY OF PERSONS AND PROPERTY. § 10.2.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury injury, or loss to: (a) all to .1 employees on the Work and all other persons on Owner’s premises, and other persons who may be affected thereby; (b) all thereby including the installation of fencing between the Work site and any connecting or adjacent property of Owner; .2 the Work and all materials and equipment to be incorporated therein, whether in storage on or off-off the site, under the care; custody , custody, or control of the Contractor Contractor, a Subcontractor, or any of his Subcontractors or a Sub-subcontractorssubcontractor; and (c) and .3 other property at the site or adjacent thereto, including such as other buildings, and other contents, fencing, , trees, shrubs; , lawns, walks, pavements, roadways, structures structures, and utilities not designated for removal, relocation relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give all notices and comply with all required by applicable laws, statutes, ordinances, rulescodes, regulations rules and regulations, and lawful orders of any public authority authorities, bearing on the safety of persons or property or their protection from damage, injury injury, or loss. § 10.2.3 The Contractor shall erect implement, erect, and maintain, as required by existing conditions and progress performance of the WorkContract, all reasonable safeguards for safety and protection, including installing fencing, posting danger signs and other warnings against hazards, ; promulgating safety regulations regulations; and notifying the owners and users of adjacent utilitiessites and utilities of the safeguards. The Contractor shall also be responsible, at the Contractor’s sole cost and expense, for all measures necessary to protect any personal or real property adjacent to the Project and improvements therein. Any damage to such property or improvements shall be promptly repaired by the Contractor. § 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is equipment, or unusual methods are necessary for the execution of the Work, the Contractor shall: (1) shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; personnel and (2) give shall only conduct such activities after giving reasonable advance written notice of the State noticepresence or use of such materials, in writingequipment, seven (7) days or methods to Owner and Architect. The storage of explosives on Owner’s property is prohibited. The use of explosive materials on Owner’s property is prohibited unless expressly approved in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project sitein writing by Owner and Architect. § 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all damage and loss (other than damage or loss (consistent with Contractor’s obligations described in Attachment Cinsured under property insurance required by the Contract Documents) to any property referred to in Clauses 10.2.1(b) Sections 10.2.1.2 and 10.2.1(c) of these General Conditions 10.2.1.3 caused in whole or in part by the Contractor, anya Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. 10.2.7 § 10.2.6 The Contractor shall designate a responsible member of his the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's ’s superintendent unless otherwise designated by the Contractor in writing to the State Owner and the Architect. 10.2.8 § 10.2.7 The Contractor shall not load or permit any part of the Work construction or site to be loaded so as to endanger its safetycause damage or create an unsafe condition. § 10.2.8 The Contractor shall do all things reasonably necessary to protect the Owner’s premises and all persons from damage and injury when all or a portion of the Work is suspended for any reason. § 10.2.9 The Contractor shall promptly report in writing to the Owner and Architect all accidents arising out of or in connection with the Work which cause death, bodily injury, or property damage, giving full details and statements of any witnesses. In addition, if death, serious bodily injuries, or serious property damages are caused, then the accident shall be reported immediately by any means necessary to give actual notice to the Owner’s representative and the Architect.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor

SAFETY OF PERSONS AND PROPERTY. 10.2.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (a) all All employees and subcontractors and sub-subcontractors and their employees on the Project or performing the Work and all other persons who may be affected thereby; (b) all All the Work and all materials and equipment to be incorporated therein, whether in storage on or off-off the site, under the care; , custody or control of the Contractor or any of his Subcontractors or Sub-subcontractors; and (c) other Other property at the site or adjacent thereto, including trees, shrubs; , lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, rules regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. Specifically but without limitation, Contractor and all of his Subcontractors shall thoroughly familiarize themselves with all requirements of Public Law 91-956 enacted by Congress, December 29, 1970, cited as the "Occupational Safety and Health Act of 1970", and all amendments thereto, commonly referred to as OSHA, and it shall be the responsibility of the General Contractor to fully enforce and comply with all of the provisions of this Act. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall: (1) shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all damage or loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(b) and 10.2.1(c) of these General Conditions this Paragraph 10.2. caused in whole or in part by the Contractor, anyand 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 under Subparagraph 10. 10.2.7 2.1. except damage or loss attributable solely to the negligent acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them may be liable. The foregoing obligations of the Contractor are in addition to his obligations under Paragraph 4.16. 10.2.6 The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the State Owner and the Architect. 10.2.8 10.2.7 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.

Appears in 1 contract

Samples: Owner Contractor Agreement (Wells Real Estate Fund Ix Lp)

SAFETY OF PERSONS AND PROPERTY. 10.2.1 The 10.2.1. Contractor shall take all reasonable precautions for the safety of, of and shall provide all reasonable protection to prevent damage, injury or loss to: (a) all 10.2.1.1. employees on performing the Work and all other persons who may be affected thereby; (b) all 10.2.1.2. the Work and all materials and equipment to be incorporated therein, whether in storage on or off-off the site, under the care; , custody or control of the Contractor or any of his Contractor's Subcontractors or Sub-subcontractors; andSubcontractors; (c) 10.2.1.3. other property at the site or adjacent thereto, including such as trees, shrubs; , lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of constructionConstruction; and 10.2.1.4. the contents of a building or structure, when Contractor is working in, on or around an existing/operating XXXX COUNTY facility. 10.2.2 The 10.2.2. Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority authorities bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The 10.2.3. Contractor shall erect and maintain, as required by existing conditions and progress performance of the WorkContract, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners XXXX COUNTY and users of adjacent sites and utilities. 10.2.4 10.2.4. When the use or storage of explosives or other hazardous materials or equipment is or unusual methods are necessary for the execution of the Work, the Contractor shall: (1) shall exercise the utmost extraordinary care and shall carry on such activities under the direct supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution the use of a contract by BGSany explosives, contractors engaged in placement or replacement of roofing systems of all types must Contractor shall submit a signed certification statement attesting to their intention to written blasting plan, shall obtain XXXX COUNTY’s approval and shall comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insuranceXXXX COUNTY’s requirements for such use. 10.2.6 The Contractor shall promptly remedy all damage or loss (consistent with Contractor’s obligations described in Attachment C) to any property referred to in Clauses 10.2.1(b) and 10.2.1(c) of these General Conditions caused in whole or in part by the Contractor, any 10.2.7 The 10.2.5. Contractor shall designate a responsible member of his Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the State XXXX COUNTY and the ArchitectDesign Consultant. 10.2.8 The 10.2.6. Contractor shall not load or permit any part of the Work construction or site to be loaded so as to endanger its safety. 10.2.7. Notwithstanding the delivery of a survey or other documents by XXXX COUNTY, Contractor shall use reasonable efforts to perform all Work in such a manner so as to avoid damaging any utility lines, cables, pipes or pipelines on the property. Contractor acknowledges and accepts that the location of underground utilities (both public and private) reflected on any XXXX COUNTY provided Plans are not guaranteed and may not be completely accurate. Contractor shall locate and verify any and all utilities and associated service lines prior to beginning any Work. Contractor shall be responsible for and shall repair, at Contractor’s own expense, any damage done to lines, cables, pipes and pipelines identified or not identified to Contractor.

Appears in 1 contract

Samples: Construction Contract

SAFETY OF PERSONS AND PROPERTY. 10.2.1 The Precaution shall be exercised at all times for the protection of persons and property. Contractor shall have available at the Site, copies or suitable extracts of "Construction Safety Orders" and "General Industrial Safety Orders" issued by the State Division of Industrial Safety. Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. 10.2.2 Contractor shall immediately respond to notice from District of unsafe conditions, shall take all reasonable adequate precautions for safety of persons on the safety ofSite, and shall provide all reasonable adequate protection to prevent damage, injury or loss toLoss to the following: (ai) all employees on Employees involved in the Work and all other persons who may be affected thereby;. (bii) all the The Work in place and all materials and equipment to be incorporated therein, whether in storage on or off-off the siteSite, under the care; custody , custody, or control of Contractor, Subcontractors, or Sub-subcontractors. (iii) Other property at the Site and adjoining property(ies). 10.2.3 Contractor shall promptly remedy damage and Loss (other than damage or Loss insured under property insurance required by the Contract Documents) to property caused in whole or in part by Contractor or its Subcontractors or Sub- subcontractors, of any Tier, or anyone for whose acts they may be liable and for which Contractor is responsible. An exception is Loss attributable to acts of his the Construction Manager, District or Design Consultant or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of Contractor or its Subcontractors or Sub-subcontractors; and (c) other property at the site or adjacent thereto, including trees, shrubs; lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of constructionany Tier. 10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The 10.2.4 Contractor shall erect and maintain, as required by existing conditions and progress performance of the Work, all reasonable adequate safeguards for safety and protection, including providing adequate lighting and ventilation, posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 10.2.5 When the use or storage of explosives hazardous materials, equipment, or other hazardous materials or equipment is unusual methods are necessary for the execution of the Work, the Contractor shall: (1) shall exercise the utmost care and shall carry on such activities only under the supervision of properly qualified personnel; and (2) give the State notice, in writing, seven (7) days in advance of the planned activity of the Contractor’s intent to store and/ or use explosives or other hazardous materials or equipment on the project site. 10.2.5 When the project involves the placement or replacement of roofing systems of all types on State- owned buildings, including flat, low-pitched and steep roofs, Contractor must comply with all requirements of the latest edition of VOSHA Safety and Health Standards for Construction (29 CFR 1926) including, but not limited to, Subpart M – Fall Protection. Prior to execution of a contract by BGS, contractors engaged in placement or replacement of roofing systems of all types must submit a signed certification statement attesting to their intention to comply with VOSHA Fall Protection Regulations. Such certification shall be submitted on a State-provided form along with proof of insurance. 10.2.6 The Contractor shall promptly remedy all damage or loss (consistent with be required to provide at the Site a member of Contractor’s obligations described 's organization, typically the Superintendent, whose responsibility it shall be to provide instruction to persons present on the Site about prevention of accidents and overall jobsite safety. If Contractor has another individual responsible for these activities, Contractor shall notify District in Attachment C) to any property referred to in Clauses 10.2.1(b) and 10.2.1(c) of these General Conditions caused in whole or in part by the Contractor, anywriting. 10.2.7 The Contractor shall designate a be responsible member for locating, providing, and coordinating the storage and staging of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the State materials and the Architect. 10.2.8 The Contractor equipment on-Site and off-Site and shall not load load/store or permit any part of the Work on the Site to be loaded loaded/stored so as to endanger the safety of persons or property. 10.2.8 Contractor shall protect its safetymaterials and the Work from damage in a manner satisfactory to District and shall make good, without charge to District, all damage due to negligence in providing proper protection. 10.2.9 Contractor shall take necessary precautions to guard against and eliminate possible fire hazards and to prevent damage to the Work, building materials, equipment, temporary field offices, storage sheds and public and private property. 10.2.10 Contractor shall not permit the possession or use of alcohol or controlled substances on the Site. 10.2.11 Explosives may be used only when authorized in writing by District. Explosives shall be handled, used and stored in accordance with applicable regulations.

Appears in 1 contract

Samples: Construction Contract

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