WORK ON SITE. The following condition applies to each Order which includes any services or other work (any of which, “Services”) performed by the Vendor at the project site: (a) the Vendor shall become familiar with and comply with mill and regulatory safety requirements and other matters, conditions, procedures and mill activities that may affect the delivery of goods or services hereunder. The Vendor recognizes that the Purchaser’s mill operations must not be interrupted except as expressly agreed to in writing by the Purchaser. The Vendor shall give advance notice to the Purchaser prior to arrival at the Purchaser’s mill sites; and (b) the Vendor shall provide all necessary supervision and appoint a competent representative who shall be in attendance at the project site while Services are being performed. The Vendor’s representative shall co-ordinate all on-site activities with a person to be assigned by the Purchaser (the "Owner's Representative"). The Vendor’s representative shall not be changed except for valid reason and after notice has been given to Purchaser; (c) the Purchaser may maintain a holdback from payment in accordance with any lien legislation applicable to the project site. The Vendor will discharge, release or remove all claims of lien that relate to the goods or services to be provide under the Order. If the Vendor fails to discharge, release or remove any such claim of lien within 5 days of notice of a claim of lien, the Purchaser may withhold the full value of the claim of lien plus 15% as security for costs and take such steps as necessary to effect the removal, release or discharge of said claim of lien; (d) the Vendor agrees to make best efforts to settle any claim or potential claim brought by other contractors or service providers on site if the Vendor shall cause damages to such contractors or service providers; (e) the Vendor and any of its subcontractors shall use the entrance designated by the Purchaser for the ingress and egress of all personnel, equipment, vehicles, machinery or supplies required to be incorporated in the Services or as required for the project and must follow all rules and regulations set forth by the Purchaser; (f) the Vendor shall follow all directions provided by the Purchaser regarding storage of equipment and shall not unreasonably encumber the site and shall enforce the Purchasers instructions regarding signs, advertisements, fires, smoking and site security regulations; (g) the Vendor shall register under and abide by and comply with all provisions of the Workers Compensation Act of the Province of British Columbia and all regulations passed thereunder (the "WCA") and any other industrial insurance laws of British Columbia, and will carry compensation insurance insuring against any claims or liability which may arise under said laws; and (h) the Vendor shall take all due care to ensure any and all telecommunications, data, computer hardware or software information technology networks or similar systems which are connected to or are granted access to the Purchaser's telecommunications, data, computer hardware or software, information technology networks or similar systems have current, managed and monitored anti-malware systems.
Appears in 1 contract
Sources: General Conditions of Purchase
WORK ON SITE. The following condition applies to each Order which includes any services or other work (any of which, “Services”) performed by the Vendor at the project site:
(a) the Vendor shall become familiar with and comply with mill and regulatory safety requirements and other matters, conditions, procedures and mill activities that may affect the delivery of goods or services hereunder. The Vendor recognizes that the Purchaser’s mill operations must not be interrupted except as expressly agreed to in writing by the Purchaser. The Vendor shall give advance notice to the Purchaser prior to arrival at the Purchaser’s mill sites; and
(b) the Vendor shall provide all necessary supervision and appoint a competent representative who shall be in attendance at the project site while Services are being performed. The Vendor’s representative shall co-ordinate all on-site activities with a person to be assigned by the Purchaser (the "Owner's Representative"). The Vendor’s representative shall not be changed except for valid reason and after notice has been given to Purchaser;
(c) the Purchaser may maintain a holdback from payment in accordance with any lien legislation applicable to the project site. The Vendor will discharge, release or remove all claims of lien that relate to the goods or services to be provide under the Order. If the Vendor fails to discharge, release or remove any such claim of lien within 5 days of notice of a claim of lien, the Purchaser may withhold the full value of the claim of lien plus 15% as security for costs and take such steps as necessary to effect the removal, release or discharge of said claim of lien;
(d) the Vendor agrees to make best efforts to settle any claim or potential claim brought by other contractors or service providers on site if the Vendor shall cause damages to such contractors or service providers;
(e) the Vendor and any of its subcontractors shall use the entrance designated by the Purchaser for the ingress and egress of all personnel, equipment, vehicles, machinery or supplies required to be incorporated in the Services or as required for the project and must follow all rules and regulations set forth by the Purchaser;
(f) the Vendor shall follow all directions provided by the Purchaser regarding storage of equipment and shall not unreasonably encumber the site and shall enforce the Purchasers instructions regarding signs, advertisements, fires, smoking and site security regulations;
(g) the Vendor shall register under and abide by and comply with all provisions of the Workers Workers' Compensation Act of the Province of British Columbia Alberta and all regulations passed thereunder (the "WCA") and any other industrial insurance laws of British ColumbiaAlberta, and will carry compensation insurance insuring against any claims or liability which may arise under said laws; and
(h) the Vendor shall take all due care to ensure any and all telecommunications, data, computer hardware or software information technology networks or similar systems which are connected to or are granted access to the Purchaser's telecommunications, data, computer hardware or software, information technology networks or similar systems have current, managed and monitored anti-malware systems.
Appears in 1 contract
Sources: General Conditions of Purchase
WORK ON SITE. The following condition applies additional conditions will apply if work is to each Order which includes any services or other work (any of which, “Services”) be performed by the Vendor Seller at the project siteany of District's locations:
(a) the Vendor a. All persons furnished by Seller shall become familiar with be deemed Seller's employees or agents and Seller shall comply with mill all applicable statutes regarding worker's compensation, employer's liability, unemployment compensation, and/or old age benefits and regulatory safety requirements all other applicable laws relating to or affecting the employment of labor.
b. Seller shall indemnify, hold harmless and other mattersdefend District from any and all claims and liabilities for injuries or death and also for any and all claims and liabilities arising out of loss or damage to property, conditionscaused by or resulting from the performance of the work covered hereby.
c. Seller shall at all times during the term of this Agreement, procedures or any extension thereof, maintain comprehensive general liability insurance coverage in the amount of $1,000,000 per occurrence and mill activities that may affect in the delivery aggregate for all claims made during any one policy year. Seller shall, upon request of goods or services hereunder. The Vendor recognizes the District, provide proof that the Purchaser’s mill operations must not be interrupted except services provided are covered under its policy and that the District is named or fully covered as expressly agreed to in writing by the Purchaser. The Vendor shall give advance notice to the Purchaser prior to arrival at the Purchaser’s mill sites; andan additional insured.
(b) the Vendor shall provide all necessary supervision and appoint a competent representative who shall be in attendance at the project site while Services are being performed. The Vendor’s representative shall co-ordinate all on-site activities with a person to be assigned by the Purchaser (the "Owner's Representative"). The Vendor’s representative shall not be changed except for valid reason and after notice has been given to Purchaser;
(c) the Purchaser may maintain a holdback from payment in accordance with any lien legislation applicable to the project site. The Vendor will discharge, release or remove all claims of lien that relate to the goods or services to be provide under the Order. If the Vendor fails to discharge, release or remove any such claim of lien within 5 days of notice of a claim of lien, the Purchaser may withhold the full value of the claim of lien plus 15% as security for costs and take such steps as necessary to effect the removal, release or discharge of said claim of lien;
(d) the Vendor d. Seller agrees to make best efforts to settle any claim or potential claim brought by other contractors or service providers on site if the Vendor shall cause damages to such contractors or service providers;
(e) the Vendor and any of its subcontractors shall use the entrance designated by the Purchaser for the ingress and egress of all personnel, equipment, vehicles, machinery or supplies required to be incorporated in the Services or as required for the project and must follow all rules and regulations set forth by the Purchaser;
(f) the Vendor shall follow all directions provided by the Purchaser regarding storage of equipment and shall not unreasonably encumber the site and shall enforce the Purchasers instructions regarding signs, advertisements, fires, smoking and site security regulations;
(g) the Vendor shall register under and abide by and comply fully with all provisions of all applicable workers' compensation insurance laws, and shall procure and maintain in full force and effect worker’s compensation insurance covering its partners, employees and agents while said persons are performing services pursuant to this Agreement. In the Workers Compensation Act event that an employee of Seller performing this Agreement files a worker’s compensation claim against the District, ▇▇▇▇▇▇ agrees to defend and hold the District harmless from such claim.
e. The work shall be performed in a first class and workmanlike manner by qualified and efficient workers who shall not cause labor conflicts with any workers employed by the District or others working at District's facilities. The work shall be performed in strict conformity with the strictest quality standards mandated and/or recommended by all generally recognized organizations establishing quality standards for work of the Province type to be performed hereunder. Seller shall be solely responsible for controlling the manner and means by which it and its employees perform labor and services and it shall observe, abide by and perform all of British Columbia its obligations in accordance with all legal requirements. Without limiting the foregoing, Seller shall control the manner and means of the labor and services so as to perform the work in a reasonably safe manner and comply fully with all applicable codes, regulations and requirements imposed or enforced by any government agencies, including all applicable requirements of the Occupational Safety and Health Administration (OSHA) and all regulations passed thereunder (safety codes and procedures mandated or recommended by insurance underwriting organizations and all generally recognized organizations establishing safety standards, including without limitation the National Fire Protection Association, for work of the type to be performed hereunder. Notwithstanding the foregoing, any stricter standard provided in plans, specifications or other documents incorporated as part of this Order shall govern.
f. Seller is responsible for securing all applicable licenses and permits and compliance therewith and the price shall be deemed to include the cost of these items.
g. The site shall be kept free of waste and, on completion, left "WCA") broom clean." In case of dispute District may remove waste at Seller's expense.
h. If requested, Seller shall furnish satisfactory evidence of the kind, quality and quantity of labor and materials used or to be used.
i. The Seller, for itself and for all subcontractors and material men, agrees that no mechanic's lien or other claim shall be filed or maintained by the Contractor or by any subcontractor, material man, laborer or any other industrial insurance laws person, whatsoever, for or on account of British Columbia, any work done or materials furnished under this Order. This agreement shall be an independent contract and will carry compensation insurance insuring against any claims or liability which may arise under said laws; and
the Seller shall execute and deliver to District a separate Waiver of Liens (h) the Vendor shall take all due care to ensure any in form and all telecommunications, data, computer hardware or software information technology networks or similar systems which are connected to or are granted access substance satisfactory to the PurchaserDistrict).
j. In every subcontract entered into by the Seller after the execution and delivery of this Order or in connection herewith, the Seller shall incorporate a provision, similar to the foregoing paragraph, to the effect that neither the subcontractor nor any party acting through or under him shall file or maintain any mechanic's telecommunications, data, computer hardware lien or software, information technology networks or similar systems have current, managed and monitored anti-malware systemsother claim against the District in connection with the work to be performed hereunder.
Appears in 1 contract
Sources: Purchase Order Agreement