Common use of Scope of Construction Clause in Contracts

Scope of Construction. 6.1 The general sequence of the work shall be submitted by the Contractor and approved by the City before any work commences. The City reserves the right to issue directives as necessary to facilitate the flow of work or to minimize any conflict with public operations. 6.2 The Contractor shall provide all required labor, supervision, materials, equipment, tools, services and expertise necessary for the completion of Construction, under the terms, conditions and specifications contained in the Contract Documents. Contractor shall perform the Construction in accordance with that degree of care and skill ordinarily exercised by reputable members of its profession. 6.3 Contractor represents and warrants to the City that: (i) Contractor possesses all qualifications, licenses and expertise required for the provision of Construction, with personnel fully licensed by the State of Florida; (ii) Contractor is not delinquent in the payment of any sums due the City, including payment of permit fees, local business taxes, or in the performance of any obligations to the City; (iii) all personnel assigned to perform work shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Construction will be performed in the manner and at such times and locations as described by the City for the budgeted amount; and (v) the person executing this Agreement on behalf of Contractor is duly authorized to execute same and fully bind Contractor as a party to this Agreement. 6.4 Contractor agrees and understands that: (i) any and all Subcontractors used by Contractor shall be paid by Contractor and not paid directly by the City; and (ii) any and all liabilities regarding payment to or use of Subcontractors for any of the work related to this Agreement shall be borne solely by Contractor. 6.5 During performance of the Construction, Contractor shall cause a minimum of inconvenience to the public and to local business activities and shall ensure that the public roadways and any improvements or appurtenants in the vicinity of the Work Site, remain open to the public whenever and wherever possible. 6.6 Contractor shall at all times, during the performance of Construction, keep the Work Site free and clear of all rubbish and debris. Any material or waste generated by Contractor or its employees, agents and Subcontractors shall be removed and disposed of by the Contractor at its expense, to the satisfaction of the City. 6.7 In the event Contractor fails to remove all rubbish, debris, materials and waste from the Work Site, the City may employ labor and equipment necessary to clear the site and charge Contractor for the City’s cost incurred cleaning the Work Site. 6.8 Contractor shall notify the City in writing, of any pre-existing damage to surrounding roadways, ▇▇▇▇▇▇ and improvements prior to commencing any work. Failure to notify the City of any damage shall result in the Contractor’s duty to repair the damage at no additional expense to the City. 6.9 Contractor shall restore in an acceptable manner or replace all property, both public and private, which has been displaced or damaged by the Contractor during the performance of Construction. Contractor shall leave the Work Site unobstructed and in a neat and presentable condition. The term “property” shall include, but is not limited to, roads, sidewalks, curbs, driveways, walls, fences, landscaping, awnings, utilities, footings and drainage structures. 6.10 Contractor shall exercise due caution in the performance of this Agreement to minimize the possibility of damage to utilities resulting from its activities. Contractor shall verify the location of all overhead and underground utilities prior to any excavation, including notifying the Underground Notification Center (1-800-432-4770) and the City’s Public Works Department of any proposed excavation locations. 6.11 Contractor warrants that the finished Construction complies with the Miami-Dade County Specifications for Traffic Calming Devices, as amended from time to time. 6.12 Construction shall be completed by the Contractor to the satisfaction of the City. The City shall make decisions on all claims regarding interpretation of the Agreement and on all other matters relating to the execution, progress and quality of the Construction. 6.13 Contractor warrants and accepts that any and all repair work required during the construction phase, irrespective of the cause, shall be deemed the responsibility of the Contractor at no additional cost to the City. 6.14 Contractor accepts, understands and agrees that these provisions of the Agreement constitute a material inducement for the City to enter into this Agreement and that the City has indeed relied on these particular provisions in making its decision to enter into this Agreement with Contractor.