Encl. (1) to COMDTINST 16460.5
5.2
Warranty. The Contractor warrants that all Contractor Work to be performed under
this Agreement shall be performed in a manner and according to methods and procedures consistent
with applicable professional standards and the level of care and skill ordinarily exercised under
similar circumstances. Unless otherwise specified, the Contractor warrants that all materials shall
be good quality.
5.3
Contractor Responsibilities. The Contractor shall independently perform all
Contractor Work under this Agreement and shall not be considered as an agent of the USCG, nor
shall the Contractor's subcontractors, materialmen or suppliers or employees of any of them be
considered subagents of the USCG. The Contractor shall be responsible for the payment of all
applicable taxes covering its employees, including withholding, social security deductions and
unemployment taxes. The Contractor shall furnish, at its own cost and expense, all of the labor,
materials, equipment, services, transportation, tools, machinery, appliances, fuel, heat, utilities and
other facilities and items, including such health protection devices and training which are
reasonably necessary for the lawful and proper performance and completion of the Contractor
Work. The Contractor shall be solely responsible for the safety of its employees.
5.4
Inspections. The USCG, its agents and any person as authorized by law, may
inspect Contractor Work performed at the Site and off-site at any reasonable time, and Contractor
shall maintain the areas of the Site where it is performing Contractor Work in a safe condition for
inspections.
5.5
Deliverables. The Contractor shall promptly furnish to the USCG all such
deliverables required by this Agreement.
a.
Delivery Orders
Where USCG has placed a delivery order for resources for a designated project
which has been accepted by the Contractor, the Contractor will agree not to release any additional
resources to another environmental contractor who may be servicing the same project without first
contacting USCG. USCG will be allowed a reasonable time, for at least five (5) and not to exceed
eight (8) hours, to either issue a delivery order for those resources or release resources to another
contractor.
b.
Standby Orders
In the event that USCG places a standby order to possibly provide resources, the
Contractor will be required not to release any services to another environmental contractor
responding to the same incident without first contacting USCG. USCG will be allowed, up to a
five (5) hour period, to either release the resources or issue a delivery order.
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