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Plans — signed on <br />Specifications — signed on <br />Allowance Schedule — signed on <br />Draw schedule — signed on <br />Warranty — signed on <br />b. In the event of a conflict between the plans and specifications, the specifications shall govern <br />work not covered in these contract documents will not be required unless it is reasonable to <br />assume that the work is necessary to the completion of the project. <br />RESPONSIBILITIES OF CONTRACTOR <br />A. Site Inspection <br />1. Contractor acknowledges that he has inspected the site and is aware of the existing conditions. <br />2. Barring any other reference to testing herein or contained in the specifications, subsurface <br />conditions not obvious to visual inspection are Mt the responsibility of the Contractor. <br />B. Supervision <br />1. Contractor is solely responsible for determining the methods, and order of construction, and for <br />supervising and coordinating all segments and phases of the work. <br />2. Contractor shall utilize and employ persons, and subcontractors who are competent in the tasks <br />assigned. Discipline and ac cou.itability shall be maintained by the Contractor. <br />3. The Contractor shall abide by all rules, ordinances, or regulations governing the execution of <br />the work. Any deviations cr varian ,,s of the plans or specifications for such rules and <br />ordinances shall be brought to the at'ention of the Owner immediately. <br />4. Contractors shall routinely maintain the cleanliness of the site of the work. When the work is <br />complete, all waste materials as well os all equipment, tools or excess materials shall be <br />removed. <br />B. Materials <br />1. Unless otherwise specified or agreed to, all of the materials and equipment included in the work <br />shall be new. All such materials will be as specified, free from defect and of good <br />quality. <br />2. Contractor shall pay for all materials including sales, use, or other similar taxes which are in <br />effect at the time this contract is executed. Additionally, unless otherwise specified, the <br />Contractor shall pay for any and all government permits or fees required to accomplish <br />the work. <br />C. Labor <br />1. The Contractor shall provide and pay for the labor and services necessary to accomplish the <br />work in a timely fashion. <br />2. The Contractor shall be responsible for any acts and omissions of his employees and <br />subcontractors. <br />3. To the fullest extent of the law, the Contractor shall hold the Owner harmless from all claims <br />arising out of the performance of the work, when such claims are: <br />q/ a. Attributable to bodily injury or death, or injury to or destruction of tangible property (not <br />7 including the Work itself) and; <br />b. Caused in whole or in part by a negligent act or omission of the Contactor, his employees, <br />or his Subcontractors. This obligation shall not relieve, negate or abridge any <br />other right of indemnification which would otherwise exist. This indemnification <br />obligation is not limited in any way by any restriction, or limitation on the type or <br />amount of benefits or compensation payable under any relevant worker's <br />compensation act. <br />D. Subsurface Conditions <br />This contract assumes standard excavation with no subsurface solid rock, streams or springs <br />which require excavation or special equipment, other than a tracked front loader. Excavation costs <br />above standard conditions are to be paid as an extra. This contract assumes subsurface soil <br />bearing conditions adequate for the footing sizes shown on plans Additional footing costs are to <br />be paid as an extra. <br />E. Protection of Persons and; <br />The Contractor shall be responsible for initiating, maintaining and supervising all safety <br />precautions and programs in connection with the work. He shall take all reasonable precautions <br />for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to (1) <br />all employees on the work and other persons who may be affected thereby, (2) all the work and all <br />materials and equipment to be incorporated therein, and (3) other property at the site or adjacent <br />thereto. The Contractor shall remedy all damage or loss to any property caused in whole or in part <br />by the Contractor his employees or any Subcontractor, except damage or loss attributable to the <br />acts or omissions of the Owner or his agents or by anyone for whose acts the Owner may be <br />liable, and not attributable to the fault or negligence of the Contractor. <br />F. Repair and Correction of Work <br />The Contractor shall promptly correct or repair any work defective or failing to conform to the <br />Contract Documents whether observed before or after substantial completion: The Contractor shall <br />3I5 <br />