Common use of Conduct of the Work Clause in Contracts

Conduct of the Work. Contractor shall: • Do all things necessary to faithfully perform and c manner. mplete the Work in a competent sa • All work shall be performed by experienced personnel directly employed and supervised by the Contractor. The Contractor shall provide management and technical supervision daily through competent supervisor as required • The Contractor shall be responsible for the skills, methods and actions of all employees. • The Contractor shall cooperate to enable the Administrator to determine the Contractor’s conformity wi h these specificatio s and the adequacy of the work being performed. The Contractor shall give personal daily supervision of the work and be available for consultation with the Administrator or an engineer or inspector designated by Administrator. • Submit all required samples, product data, certificates, operations and maintenance instr ctions, guarantees, and other submittals no later than five (5) days after the date the City issues a Notice to Proceed. • Ensure all necessary permits and approvals for the Work have been obtained. • Protect all materials to be used in the Work in accordance with the specifications. • Protect existing facilities and personal property. • Remove from the project site all debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from the Contract Price. • For projects scheduled to require more than three (3) days to complete, prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit the reports to the City no later than the next day that the City is open for business. The daily reports shall, at a minimum, include the following information: construction activities and locations, start or completion of activities, progress on construction activities (including units o portions of work completed), tests or inspections performed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property. • Unload, hoist and otherwise handle its own materials, supplies and equipment. • Keep itself fully informed of all applicable laws including existing and future state and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. sa • Observe and comply with, and cause all of its agents and employees to observe and comply with, all such applicable laws; and shall protect and indemnify the City, and all elected officials, officers, employees, and agents thereof connected with the Work, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order or decree, Contractor shall forthwith report the same to the Administrator in writing. • Set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work.

Conduct of the Work. Contractor shall: • Do all things necessary to faithfully perform Section 4.01. The Work shall be conducted at NAIT's sole expense and c manner. mplete the Work in a competent sa • All work shall be performed by experienced NAIT with reasonable care and diligence under the supervision of Railroad's personnel directly employed so as to avoid accident, damage or harm to persons or property and supervised by delays to or interference with operations of Railroad. Control and supervision of the ContractorProperty shall remain with Railroad at all times during the course of the Work. Railroad may in its sole discretion require NAIT, its employees, contractors and agents to cease their activities on and vacate the Property if they fail to comply with Railroad's directions for the safety and protection of Railroad's personnel, property and operations. The Contractor Work shall provide management occur during daylight hours. Section 4.02. NAIT covenants and technical supervision daily through competent supervisor as required • The Contractor agrees not to introduce, use, generate, store or dispose of any hazardous substance on the Property in violation of any applicable law or regulation. NAIT shall be responsible for any migration or entry of contaminants into subsurface soils or groundwater caused by or arising out of NAIT's activities on the skillsProperty. Section 4.03. With the exception of public grade crossings, methods NAIT shall not cross the tracks of Railroad with any vehicle unless it shall have received in advance the permission of Railroad and actions executed such separate agreement as shall be provided by Railroad. Section 4.04. Except as provided in the Fiber Optic Conduit Agreement, NAIT agrees to reimburse Railroad, within thirty (30) days after receipt of an invoice therefor, for all employees. • The Contractor shall cooperate reasonable expenses incurred by Railroad resulting from the Work, including but not limited to enable the Administrator materials and expenses for watchmen, flagmen, inspectors, train crews, communications personnel, signalmen, supervisors and such other personnel as Railroad deem necessary to determine the Contractor’s conformity wi h these specificatio s and the adequacy of the work being performed. The Contractor shall give personal daily supervision of the work and be available for consultation engage in connection with the Administrator or an engineer or inspector designated by AdministratorWork. Section 4.05. • Submit all required samples, product data, certificates, operations and maintenance instr ctions, guarantees, and other submittals no later than Railroad's designee shall be given written notice not less five (5) days after before NAIT proposes to enter upon the date Property. NAIT understands that additional notice may be required if Railroad is to provide, at the City issues desired time, any flagging which Railroad may deem necessary under Article 4. Prior to entering upon the Property, NAIT shall meet with Railroad's designee to receive any instructions Railroad may have concerning NAIT's activities on the Property. Railroad's designees for each Segment are listed on EXHIBIT A to this Agreement. Section 4.06. NAIT agrees to give Railroad a Notice to Proceed. • Ensure all necessary permits and approvals for the Work have been obtained. • Protect all materials to be used in the Work in accordance with the specifications. • Protect existing facilities and personal property. • Remove from the project site all debris resulting from performance complete copy of the Work no less often than dailyresults of any tests or analyses made on or about the Property and any related reports and recommendations. If Contractor fails NAIT further agrees to keep said tests, analyses and reports confidential and not to disclose them to any other party, including any governmental authority, unless NAIT has received express written authorization to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost so from the Contract Price. • For projects scheduled to require more than three (3) days to complete, prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit the reports to the City no later than the next day that the City is open for business. The daily reports shall, at a minimum, include the following information: construction activities and locations, start or completion of activities, progress on construction activities (including units o portions of work completed), tests or inspections performed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property. • Unload, hoist and otherwise handle its own materials, supplies and equipment. • Keep itself fully informed of all applicable laws including existing and future state and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. sa • Observe and comply with, and cause all of its agents and employees to observe and comply with, all such applicable laws; and shall protect and indemnify the City, and all elected officials, officers, employees, and agents thereof connected with the Work, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order or decree, Contractor shall forthwith report the same to the Administrator in writing. • Set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up workRailroad.