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Construction Contract �
<br /> GENERAL CONDITIONS
<br /> The presence of disputes or controversies between the Contractor and any other party,including the Owner,over any matter whatsoever,or legal �
<br /> proceedings arising&om such disputes or controversies,shall not reIieve lhe Contractor of his ob{igation to perform his Work properly and timely and to comply
<br /> with all of the terms and conditions of ffie ContracG
<br /> 10. SURVEYS,PERMTI'S,LAWS AND REGULATIONS �
<br /> A The Owner will fi�mish benchmarks and property markers. The Conuactor shalt be reqaired to maintain these Owner-fiunished benchmarks
<br /> and property markers and to perl'orm aIl layout work for the Project working therofrom
<br /> B. 4) Unless othenvise indicated in the instr�ctions m Bidders or Schedute A,the Owner will obtain the building permit,which permit ,
<br /> shall be,to the extent permitted by applicable laws,assigiable to another contractor designated by the Owner,at the Ownets option,without the consent
<br /> of the issuing en6ty.
<br /> 5) The Contractor shali pay ali plan check fees,water,sewer,gas,electrical,telephone and cable TV hookup fces. Ott�er inspection �
<br /> fces,required permits,licenses,approvals,certificates and auffiorizations necessary to the prosecution and completion of the Work will be obtained and
<br /> paid for by the Contractor,unless the Contractor is otherwise instructod by the Owner.
<br /> i2. ROYALTIES AND PATENTS �
<br /> The Coniractor shall pay a11 royalties and license fees. The Contractor shall defend afl suits or claims for in&ingement of any patent rights and shall savc
<br /> the Owner harniless fivm loss on account thereof except that the Owner sball be responsible for all such losses when a particular design,pmcess or the product of
<br /> a particular manufactuner or manufacturers is speci£ed,bvt if the Contractor has reason ta believe that the design,process or product specified is an infringement �
<br /> of a patent,he shall be responsible for such loss unless he promptly gives such information to the Owne�s Represa►tative.
<br /> 13. PROTECI'ION OF WORKANA PROPERTY;EXISTING i3TILITIES
<br /> A. The Contractor shall continuously maintain adequate protection of all Work from damage due to any cause,including inclement weather,and �
<br /> shall protect a!1 properiy of the Owner from damage or loss. The Contractor shall adeqaately protect property of adjacent land owners.
<br /> B. The Contractor shall protect and secure the Project against loss by theft or otherwise. ,
<br /> C. The obligations of this Paragraph l2 shall apply,regardless of whether the Ovme�"s properly in the Contractor's possession was purchased by
<br /> the Owner or the Contractor.
<br /> D. Whenever the Work wiU result in an interruption of any utility service to any existing facility,the Contractor shall submit a written request �
<br /> at least fourteen(14)days prior to the anticipated interruption. No services may be intertupted without the prior acceptance of the Owner's Representative.
<br /> 14. SAFETY
<br /> A. The Contractor shall be responsible for complying with all applicabla codes,ordinances,rules,and regalaiions,including federal and local `
<br /> OSHA regulations,involving safety on the Project. The Contractor shall initiate,maintain and supervise all safety prograzns in connection with his employces on
<br /> the Project and all other persons who may be affected thereby and shall g'sve all notices and comply with alt of the applicable iaws,ordinances,ruies,and regulations
<br /> of any public authority bearing on the safety ofpersons or properry or thea protection from damage,injury or loss on,about or adjacent to the premises;where the �
<br /> Work is being performed. The Conhactor shall erect and propedy maintain at all 6mes,as required by the conditions and progress of the Work,all reasonable
<br /> safeguazds for tfte safety and protedion of wodanen and the public and shall post danger signs waming against ha�rds. The Contractor shall ensure that each of
<br /> his worlQn�on the Pro,ject Site shall wear a"hard ha1"for his own protection. The Contractor shall designate a responsible member of his organization on the Work,
<br /> whose dvty sha(l be the preven6on of accidents. The name and position of any pecson so designated shall be reported in writing to the Qwner's Representative by �
<br /> the Contractor.
<br /> B. In an eme�gency affecting the safety of tife or of the Wor1c or of adjoining properry,the Conuactor is hereby permitted to act at his discretion
<br /> to prevent such threatened loss or injury,and he shall so act without appeal,if so authorized or instructed.My costs incuned by the Conhactor because of emergency
<br /> work shall be determined by agreement and confirmed by a Change of Contract. �
<br /> C. When the use of ha7ardous materials or equipment is necessary for the execution of the Work,the Contractor shall exercise the utmost care
<br /> and shall cany on such activities under the supervision of properly quali6ed personnel and in compliance with all applicable laws,rules,regulations and ordinances.
<br /> Explosives of any description shall not be stored on the Project Site. If the Contractor wishes to use explosives of aciy description he shatl first provide written noHce �
<br /> to the Owne�s Representative and obtain the approval of all appropriate authorities having jurisdiction over the use of such explosives.
<br /> D. The Contractor shall not load or permit any part of the Work to be loaded so as to e.ndanger its safety.
<br /> E. The Coniractor shaII be responsible for providing fire extinguishers and fire watc6 for periods d�uiog which his personnel may be engaged �
<br /> in activities constituting a fire ha�rd,or as otherwise required by law. Prior to engaging in such activities,the Contractor shall assuro himself that all flammable
<br /> materials have been cleared from the affected area
<br /> F. In case of aQ accident involving injury to any of the Conhacta's employces(including any employee ofanyone working under the Contractor), �
<br /> the Contractor shall notify the Owna's Representative within one(1)hour and shall fite a valid accident report within twenty-four(24)hours after such accident
<br /> The Contrador shal!also file such reports as are required by his insurance caRier and such other reports as goveming civil authorities might require.
<br /> 15. SYJPERVISION AND EMPLOYEES '
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