Common use of Developer’s Performance Clause in Contracts

Developer’s Performance. Developer shall, or shall cause the Subcontractors to, perform in good workmanlike manner and in accordance with the best accepted practices in the industry all the Work required or reasonably implied by the Agreement, in accordance with the terms of the Agreement and such directions of CTO as any may be given from time to time. Developer’s performance shall include, except as otherwise specifically stated in the Agreement, everything requisite and necessary to complete the Work properly, notwithstanding the fact that not every item involved is specifically mentioned, including, but not limited to all materials, labor, tools, equipment, apparatus, water, lighting, heating, power, transportation, superintendence, temporary construction, site security and all other services and facilities of every nature necessary or appropriate for the execution of the Work on schedule. When work is performed on the Site, Developer must provide at all times an on-site representative with full authority to act for Developer. The representative must be able to read, write, and thoroughly understand both English and any other languages spoken by persons performing work for Developer and must be able to effectively communicate with those persons in their own language or languages. In addition, Developer’s representative must ensure that labeling, log book entries, completion of forms and all other tasks requiring a proficiency in English are performed clearly and correctly. The continuation of the individual selected by Developer in this role shall be subject to the continuing approval of CTO. C. Developer shall, or shall cause the Subcontractors to, perform the Work in accordance with the following: (1) All equipment, tools, other construction aids and materials utilized by Developer and Subcontractors shall be of high quality and in good working order. Developer shall or shall cause the Subcontractors to, submit material safety data sheets (MSDS) for all chemical and hazardous substances used in the Work. If, in the opinion of CTO, any of Developer’s or Subcontractor’s equipment, supplies, tools, other construction aids or materials are unsafe or inadequate, Developer shall, or shall cause the Subcontractors to remove such items from the site immediately and replace them with safe and adequate substitutes at Developer’s or Subcontractor’s expense. Developer shall be fully and solely responsible for and shall safeguard its equipment, tools, supplies, other construction aids and materials at all times. Developer shall, or shall cause the Subcontractors to provide adequate storage for all such items used in connection with the Work. (2) The use of public roadways and properties for the parking of employee vehicles, construction equipment, receiving and placement shall be in accordance with the applicable laws and ordinances. Access to all existing CTO rights of way shall be maintained and allowed during the entire performance of the Work. Adjacent private properties shall not be entered or used for any such purpose without the written consent of the property owners. (3) Fire hydrants and stop valves adjacent to the Work shall be kept clear and readily accessible to fire apparatus, and no material or other obstruction shall be placed, parked or stored within fifteen (15) feet of any hydrant or stop valve (or a greater distance if required by local law, rule or regulation). Developer shall or shall cause the Subcontractors to, comply fully with all local rules and regulations relative to fire protection, shall keep the structure and premises free from burnable trash and debris, and shall exercise every precaution against fire. This shall include, but not be limited to, posting a fire watch, with appropriate fire fighting equipment, during all welding, burning, stress relief and other heating operations. Developer shall, or shall cause the Subcontractors to, assure that the fire watch is informed of the site fire control procedures and remains posted during breakfast, lunch and dinner periods and until one hour after such heating operations have stopped.