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, Construction Contract
<br /> GENERAL CONDITIONS
<br /> � 3. CONTRACTOT2 bUTIES AND RESPONSiBILITIES
<br /> A The Contractor recognizes the relationship oftrust and confidence established between the Owner and ihe ConEractor by this Contract. The
<br /> � ConFractor shall furnish the Owner with its best skill and judgment and fvtty cooperate with the Owner in fonvazding the best irtterests of the Owner. Al]the Work
<br /> is to be done in the best manner by persons skilled in the iype of Work to be performed.
<br /> B. The Contractor shall supervise a�d direct its portion of the Work using its best skill and akention. The Contracror shali be solely responsible
<br /> for all consErUction means,methods,techniques,sequences and procedures,arid for coordinating all portions of the Work under its Contract in accordance with
<br /> ' Paragraph 29 hereof.
<br /> C. The Contractor shall be responsible to the Owner for ihe acts and omissions of its employees,Subcontractors and their agents and emptoyees,
<br /> and other persons perfortning any of the Work u�der a contract with the Contractor.
<br /> � D. The Contractor shall not be relieved from its obligations to perform Work in accordance with the Contract Documents either by the activities
<br /> or daties of the Owner or the Owner's Represeetative in the administration of this Contract,or by inspections,tests,acceptances,or approvals required or performed
<br /> by persons other than the Coniractor.
<br /> � 4 EXECUTION,CORRELATION AND INTENT OF DOCUMENTS
<br /> A. The Contract shall be signed and dated in duplicate by the Owner and the Contractor.
<br /> � B. The Drawings and the Specifications aze complementary and supplementary,and what is required by any one shall be as binding as if required
<br /> by all.Portions ofthe Work which can be 6est illustrated by the Drawings may not be included in the Specifications anct portions best described by the Specifications
<br /> may not be depicted on the Drawings.
<br /> � C. The intent of the Conti-act Documents is to include a11 items necessary for the proper execution and completion of the Work. However,it is
<br /> understood that while not every detail ofthe Work is shown on the Drawings or described in the Specifications,the Work includes items reasonably inferabte from
<br /> the Contract Documents. Work noi covered in the Contract Documents will not be required unless such work is consistent therewith and is reasonabty inferable
<br /> therefrom.Ifan item or system is either shown oc specif ed,all material and equipment normally fumished with such items or systems and needed to make a complete
<br /> � operating installation shall be provided whelher mentioned or not,omitting only such parts�are specifically excepted. The Owner shall not be held responsible
<br /> for ihe absence of any detail that the Contractor may require for any construction which may be found necessary as ti►e Work progresses. Words and ab6reviaEions
<br /> which have wel]-knovm technical or trade meanings are used in the Contract T)ocuments in accordance with such recognized meanings.
<br /> � D. The sections ofthe Specifications are arranged for convenience and shall not wntrol the ConU-actor in dividing
<br /> the Work among Subcontractors or in establishing the extent of Work to be performed. The Contractor may su6contract the Work in such divisions as it sees fit;
<br /> however,Contractor is responsible for fumishing and coordinating all Work required by the Contract Documents regardless ofthe divisions Contractor may make
<br /> in the Work.
<br /> � E. The General Conditions and Special Provisions are a part of each and every section of the Specifications.
<br /> F. Sy executing the Contract,the Contractor represents that it has visited the site,familiarized itselfwith the local conditions which could affect
<br /> the prosecution or completion of the Work,and that it has correlated its observations with the requirements of the Contract Documents. The Owner makes no
<br /> � representations or warranties as io subsurface or latent physical conditions to be encoantered in constructing the Project and disclaims t4e accuracy or reliabifity of
<br /> any subsurface information which may be provided Eo the Contractor. The Contraetor shall be responsible for conducting such site investigation as is necessary to
<br /> determine the nature and characier of all subsurface or latent physical conditions.The Contractor assumes all risks and expressly waives any claim against the Owner
<br /> for subsurface or latent physicaE conditions at the site which may differ from those indicated in the Contract Documenis or indicated in any subsurface information
<br /> � or report furnished to the Contractor,unless the physical conditions at the site are unknown,could not have been known with a reasonable investigatioq and differ
<br /> materially from those ordinarily encountered or from those whicE►are geneeally recognized as inherent in work of the character provided for in the ConVact
<br /> DOauments.
<br /> � G. Before submitting its bid to the Owner,and continuously thereafter,the Contractor shall study and compa�the Contract Bocuments and shall
<br /> immediately report to the Owner's Representative any error,om ission,ambiguity,discrepancy,conflict or variance,including any requirementwhich may be contrary
<br /> to any Iaw,code,ordinance,rule,regulation,or order applicable to the performance of the Work. Acceptance of this Contract is a certification by the Contractor
<br /> that the Coatract Documents appear complete and correet. Contractor shal[not be liable to the Owner for any damage resulting from any such error,omission,
<br /> ambiguity,discrepancy,conflict or variance in the Contract Documents unless Contractor had aetual knowledge thereofor should have reasonably Imown thereof
<br /> � and did not norify the Owner promptly. Any such error,omission,ambiguity,discrepancy,conflict or variance shall be resolved by ihe Owner's Representative and
<br /> shall be forsvarded to the Contractor via awritten clarification. Contractor shall be liable for any damages which result should it proceed before receipt of the Owner's
<br /> written clarification and notice to proceed with any modification.
<br /> � H. If any portion of the Contract Documents conflict with any other portion,the various documents compromising the Contract Documents sha11
<br /> govem in the following order of precedence: The ConUact(including Exhibits thereto);1Vlodifications;Addenda;any Specia[Conditions;the Special Provisions;
<br /> the General Conditions;the Specif cations take precedence over Drawings for the specific type or quality of materials or the quality of instsl3ation;the Drawings
<br /> take precedence over the Specifications with regard ro qvantities,locations or detail of installation;as between schedules and information given on Drawings,the
<br /> � schedules shail take precedence;as between large-scale Drawings and sma[I-scale Drawings,the larger scale shaEl take precedence.Anysnch conflict or inconsistency
<br /> shall be submitted to the Owner's Representative,whose decision thereon shall be binding and conctusive.
<br /> I. If necessary,the Owner's Representative will fumish additional instructions to clarify or amplify the Drawings and the Specifications. Such
<br /> � instructions will not constitute an extra or result in the issuance of a Change of Contract(as defined in Paragraph 19)unless such alter the Contract Sum or change
<br /> the Contract Time.
<br /> � Constrct.cnd Od810-2
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