Common use of SAFETY OF PERSONS AND PROPERTY Clause in Contracts

SAFETY OF PERSONS AND PROPERTY. 9.5.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: 1. all employees on the Work and all other persons who may be affected thereby; 2. all the Work, 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 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. 9.5.2 The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction over the safety of persons or property to protect them from damage, injury or loss. The Contractor shall erect and maintain all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying City and users of adjacent utilities. The Contractor shall provide signs, barrels, or any other safety devices that the City deems necessary for public safety. No additional payment will be made and this work shall be considered incidental to the Contract. The City will place safety devices as it deems necessary if the Contractor fails to provide the required items within 24 hours of notification. The Contract Sum shall be reduced by the cost of these devices. 9.5.3 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 9.5.4 All damage or loss to any property caused in whole or in part by the Contractor, any Subcontractor, or any Sub-subcontractor, or anyone directly or indirectly employed by anyone for whose acts they may be liable, shall be remedied by the Contractor. The City shall document any complaint by any person regarding damage or loss to property caused by Contractor by requesting such complainant to complete a Damage Claim form. A copy of the Damage Claim form shall be submitted by the City to the Contractor and the Contractor shall correct the problem, repair such damage or otherwise compensate the complainant or file a claim for such damage with Contractor's insurance company within ten (10) days of the receipt of the Damage Claim form from the city. If the City shall have a legitimate basis for believing that such claim is valid, the City shall have the option to withhold payment of funds until (i) such damages are repaired; or (ii) the City has been provided with evidence that the Contractor has made restitution to the complainant.

SAFETY OF PERSONS AND PROPERTY. 9.5.1 The (a) Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1. all employees ) Employees on or in the Work vicinity of the Worksite and all other persons who may be affected thereby; (2. all the Work, all ) The Work and 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 the its personnel, Subcontractors, sub-subcontractors or Sub- subcontractorssuppliers; and (3. other ) Other property at the site Worksite 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. 9.5.2 The (b) Contractor shall give notices and comply with all applicable lawsApplicable Law, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction over the authorities bearing on safety of persons or property to protect them or their protection from damage, injury or loss. . (c) The Contractor shall shall, in accordance with Applicable Law pertaining to construction safety on the Worksite, erect and maintain all maintain, as required by existing conditions and performance of the Agreement, reasonable safeguards for safety and protection, including posting of danger signs and other warnings against hazardsor barriers to protect against, promulgating safety regulations and notifying City to appropriately notify owners and users of adjacent utilitiessites and utilities of, safety hazards. The Contractor shall provide signsalso be responsible, barrelsat the Contractor’s sole cost and expense, for all measures necessary to protect any property adjacent to the Project and improvements therein against loss or any other safety devices damage that may arise from the City deems necessary for public safetyContractor’s operations. No additional payment will be made and this work Any damage to such property or improvements shall be considered incidental to the Contract. The City will place safety devices as it deems necessary if promptly repaired by the Contractor fails to provide the required items within 24 hours of notification. The Contract Sum shall be reduced by the cost of these devicesat its expense. 9.5.3 When the (d) If 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 exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. The Contractor shall give the Owner reasonable advance notice of the presence or use of such materials, equipment, or methods. 9.5.4 All (e) The Contractor shall, in addition to any other of its obligations with respect thereto, promptly remedy any damage or and loss to any property caused in whole or in part by the Contractor, any its personnel, a Subcontractor, or any Suba sub-subcontractor, a supplier, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable, shall be remedied by except to the Contractor. The City shall document any complaint by any person regarding extent such damage or loss is attributable to property caused by Contractor by requesting such complainant to complete a Damage Claim form. A copy acts or omissions of the Damage Claim form Owner or by anyone for whose acts Owner is liable, and is not attributable to the fault or negligence of the Contractor. (f) The Contractor shall be submitted by responsible for institution and enforcement of appropriate safety measures for the City prevention of accidents at the Worksite. (g) The Contractor shall not endanger the safety of the construction or the Worksite while conducting or permitting others to conduct loading or off-loading activities. (h) If all or a portion of the Contractor and Work is suspended for any reason, the Contractor shall correct do all things necessary to protect the problem, repair such Owner’s premises and all persons from damage or otherwise compensate the complainant or file a claim for such damage with Contractor's insurance company within ten (10) days of the receipt of the Damage Claim form from the city. If the City shall have a legitimate basis for believing that such claim is valid, the City shall have the option to withhold payment of funds until and injury. (i) such The Contractor shall promptly report in writing to the Owner all accidents arising out of or in connection with the Work which cause death, personal injury, or property damage, giving full details and statement of any witnesses. In addition, if death, serious personal injuries, or serious property damages are repaired; caused, the accident shall be reported immediately by telephone or (ii) the City has been provided with evidence that the Contractor has made restitution messenger to the complainantOwner. (j) The Contractor shall be responsible for the protection and security of the Work and the Project, until Owner has assumed control of and accepted beneficial occupancy thereof or a portion thereof for its intended use, or Substantial Completion of the Work or any portion of the Work has occurred. (k) The Contractor shall comply with all safety requirements set forth in the Specifications, including all such requirements specified in the Division 0 Specifications.

SAFETY OF PERSONS AND PROPERTY. 9.5.1 The (1) Contractor shall exercise and take all reasonable proper precautions for the safety of, and shall provide all reasonable proper protection to prevent damage, injury injury, or loss to: 1. all employees on (a) personnel who perform the Work and all other persons who may be affected thereby; 2. all by the Work, . (b) the Work and all materials and equipment to be incorporated thereinequipment, whether in storage on or off the site, site or under the care, custody custody, or control of the Contractor or any of his Subcontractors or Sub- subcontractorsContractor; and, 3. (c) other property at the Work site or adjacent theretoother sites, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures structures, and utilities not designated designed for removal, relocation or replacement in the course of construction. 9.5.2 (2) When so ordered, the Contractor shall stop any part of the Work which the City deems unsafe until corrective measures satisfactory to the City have been taken. The Contractor agrees that it shall not have nor make any claim for damages arising from such stoppages. Should the Contractor fail to take appropriate corrective measures in a timely manner, the City may do so at the cost and expense of the Contractor and may deduct the cost and expense thereof from any payments due or to become due to the Contractor. Failure on the part of the City to stop unsafe practices shall in no way relieve the Contractor of its responsibility. (3) Contractor shall comply with all applicable Federal, State, Municipal and local laws, ordinances, rules, regulations regulations, and lawful orders of any public authority having jurisdiction over the for safety of persons or property or to protect them from damage, injury or loss. The . (4) Contractor shall erect assume full responsibility for compliance with the Occupational Safety and maintain all reasonable safeguards for Health Administration regulations pertaining to trench safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying City and users of adjacent utilitiessystems. The Contractor shall provide signs, barrels, or any other safety devices that the City deems necessary for public safety. No additional payment will be made responsible for completion of additional detailed plans and this work specifications for trench safety to the extent that such detailed plans and specifications are necessary. (5) Neither explosives nor blasting shall be considered incidental to the Contract. The City will place safety devices permitted as it deems necessary if the Contractor fails to provide the required items within 24 hours of notification. The Contract Sum shall be reduced by the cost of these devices. 9.5.3 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution part of the WorkWork unless properly permitted with applicable governing authority and approved, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 9.5.4 All damage or loss to any property caused in whole or in part by the Contractoradvance, any Subcontractor, or any Sub-subcontractor, or anyone directly or indirectly employed by anyone for whose acts they may be liable, shall be remedied by the Contractor. The City shall document any complaint by any person regarding damage or loss to property caused by Contractor by requesting such complainant to complete a Damage Claim form. A copy of the Damage Claim form shall be submitted by the City to the Contractor and the Contractor (6) Contractor shall correct designate one of its employees at the problemWork site as the person responsible for the prevention of accidents and notify City of Angleton of such designation. The employee designated will ensure Contractors employees are working in a safe manner with at minimum the safety requirements set forth by OSHA unless a job site requires additional safety requirements which will be outlined in the work order. Additionally, repair such damage some projects may require safety plans, job hazard analysis sheets (XXX), and/or tool box safety meetings to be turned in daily or otherwise compensate the complainant or file a claim for such damage with Contractor's insurance company within ten (10) days of the receipt of the Damage Claim form from the cityweekly. If this is required, it will be outlined in the City shall have a legitimate basis for believing that such claim is valid, the City shall have the option to withhold payment of funds until (i) such damages are repaired; or (ii) the City has been provided with evidence that the Contractor has made restitution to the complainantwork order.

SAFETY OF PERSONS AND PROPERTY. 9.5.1 9.2.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: 1. all employees on the Work and all other persons who may be affected thereby;; and 2. all the Work, 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 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. 9.5.2 9.2.2 The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction over the safety of persons or property to protect them from damage, injury or loss. The Contractor shall erect and maintain all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying City and users of adjacent utilities. The Contractor shall provide signs, barrels, or any other safety devices that the City deems necessary for public safety. No additional payment will be made and this work shall be considered incidental to the Contract. The City will place safety devices as it deems necessary if the Contractor fails to provide the required items within 24 hours of notification. The Contract Sum shall be reduced by the cost of these devices. 9.5.3 9.2.3 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 9.5.4 9.2.4 All damage or loss to any property caused in whole or in part by the Contractor, any Subcontractor, or any Sub-subcontractor, or anyone directly or indirectly employed by anyone for whose acts they may be liable, shall be remedied by the Contractor. The City shall document any complaint by any person regarding damage or loss to property caused by Contractor by requesting such complainant to complete a Damage Claim form. A copy of the Damage Claim form shall be submitted by the City to the Contractor and the Contractor shall correct the problem, repair such damage or otherwise compensate the complainant or file a claim for such damage with Contractor's insurance company within ten (10) days of the receipt of the Damage Claim form from the city. If the City shall have a legitimate basis for believing that such claim is valid, the City shall have the option to withhold payment of funds until (i) such damages are repaired; or (ii) the City has been provided with evidence that the Contractor has made restitution to the complainant.