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<br />..' " <br /> <br />(- <br /> <br />r <br /> <br />GENERAL CONDITIONS <br /> <br />ARTICLE I <br /> <br />CONTRACT DOCUMENTS <br /> <br />1.1 The intention of the Contract Documents is to include all labor. materials. equipment and other items as provided <br />in Paragraph 3.2 necessary for the proper execution and completion of the Project and the terms and conditions of payment <br />therefor. and also to include all Work which may be reasonably inferable from the Contract Documents as being necessary <br />to produce the intended results. , <br />1.2 The Contract Documents shall be signed in not less than duplicate by Owner and Contractor. By executing <br />the Agreement, Contractor represents that he has visited the site and familiarized himself with the local conditions under <br />which the Work is to be performed. <br />1.3 The term work. as used in the Contract Documents. includes all labor necessary to produce the construction <br />required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in such construction <br />("Work"). <br /> <br />ARTICLE II <br /> <br />OWNER <br /> <br />2.1 Owner will provide general administration of the Agreement until issuance of the final payment. <br />2.2 Owner shall at all times have access to the Project to review the Work wherever it is in preparation and progress. <br />2.3 Owner will have authority to reject Work which does not conform to the Contract Documents. <br />2.4 If needed to complete the Project. Owner shall secure and furnish all surveys. <br />2.5 If needed to complete the Project, Owner shall secure easements for permanent structures. or permanent changes <br />in existing facilities. <br /> <br />ARTICLE III CONTRACTOR <br /> <br />3.1 Contractor shall supervise and direct the Work. using his best skill and attention. The Contractor shall be solely <br />responsible for all construction means, methods. techniques, sequences and procedures and for coordinating all portions <br />of the Work under the Agreement. <br />3.2 Unless specifically noted in the Agreement, Contractor shall provide and pay for all labor, materials. equipment. <br />tools. construction equipment and machinery. (water. heat. utilities) transportation. and other facilities and services necessary <br />for the proper execution and completion of the Work. <br />3.3 Contractor shall at all times enforce strict discipline and good order among his employees. and shall not employ <br />on the Project any unfit person or anyone not skilled in the task assigned him. <br />3.4 Contractor warrants to Owner that all materials and equipment incorporated in the Project will be new unless <br />otherwise specified. and that all Work will be of good quality. free from faults and defects and in conformance with the <br />Contract Documents. All Work not so conforming to these standards shall be considered defective. <br />3.5 Contractor shall pay all sales. consumer. use and other similar taxes required by law and shall secure all permits. <br />fees and licenses necessary for the execution of the Work. <br />3.6 Contractor shall give all notices and comply with all laws. ordinances. rules. regulations. and orders of any <br />public authority bearing on the performance of the Work. and shall notify Owner if the Drawings and Specifications are <br />at variance therewith. <br />3.7 Contractor shall be responsible for the acts and omissions of its employees and all Subcontractors. their agents <br />and employees and all other persons performing any of the Work under contract with the Contractor. <br />3.8 Contractor shall review. stamp with his approval and submit all samples and shop drawings. as directed for <br />approval of Owner, for conformance with the design concept and the information given in the Contract Documents. The <br />Work shall conform to the approved samples and shop drawing. <br />3.9 Contractor shall at all times keep the Project free from accumulation of waste materials or rubbish caused by <br />its performance of the Work. Upon completion of the Project. it shall remove all of its waste materials and rubbish from <br />and about the Project as well as all tools. construction equipment, machinery and surplus materials and shall clean all <br />glass surfaces and leave the Project "broom clean" or its equivalent. except as otherwise specified. <br />3.10 Contractor shall indemnify and hold Owner and its agents and employees harmless from and against all claims. <br />'damages. losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work. <br />provided that any such claim, damage. losses or expenses (I) is attributable to bodily injury. sickness. disease or geath. <br />. ~or to injury to or destruction of tangible property. Other than the Project. including the loss of use resulting therefrom. <br />and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor. anyone directly <br />or indirectly employed by any of them or anyone for whose acts any of them may be liable" regardless of whether or <br /> <br />form 440015711/88 <br />Page 3 of 6 <br />