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GENERAL CONDITIONS FOR WASHINGTON STATE FACILITY CONSTRUC:TON
<br />PART 5-PERFORMANCE
<br />5.01 CONTRACTOR CONTROL ANL SUPER-
<br />VISION
<br />A. Contractor shall supervise and direct the Work,
<br />using its best skill and attention, and shall perform
<br />the Work in a skit W manner. Contractor shall be
<br />solely responsible for and have control over
<br />concoction means, methods, techniques,
<br />sequences, and procedures and for coordinating
<br />all portions of the Work, unless the Contract
<br />Documents give other spec instructions
<br />concerning these matters. Contractor shall
<br />disclose its means and methods of construction
<br />when requested by Owner.
<br />B. Performance of the Work shall be directly
<br />supervised by a competent superintendent who is
<br />satisfactory to Owner and has authority to act for
<br />Contractor. The superintendent shall not be
<br />charged without the prior written consent of
<br />Owner.
<br />C. Coh.tractor shall be responsible to Owner for acts
<br />and omissions of Contractor, Subcontractors, and
<br />their employees and agents.
<br />D. Contractor shall enforce strict discipline and good
<br />order among Contractor's employees and other
<br />Persons performing the Work. Contractor shall
<br />not permit employment of persons not skilled in
<br />tasks assigned to them. Contractor's employees
<br />shall at all times conduct business in a manner
<br />which assures fair, equal, and nondiscriminatory
<br />treatment of all persons. Owner may, by written
<br />notice, request Contractor to remove from the
<br />Work or Project site any employee Owner
<br />reasonably deems incompetent, careless, or
<br />otherwise objectionable.
<br />E. Contractor shall keep on the Project site a copy of
<br />the Drawings, Specifications, addenda, reviewed
<br />Shop Drawings, and permits and permit drawings.
<br />F. Contractor shall ensure that its owner(s) and
<br />employees, and those of its Subcontractors,
<br />comply with the Executive Conflict of Interest Act,
<br />Part 5
<br />RCW 42.18, which, among other things, prohibits
<br />state employees from having an economic interest
<br />in any public works contract that was made by, or
<br />supervised by, that employee. Contractor shall
<br />remove, at its sole cost and expense, any of its, or
<br />its Subcontractors', employees if they are in
<br />violation of this act.
<br />5.02 PERMITS, FEES, AND NOTICES
<br />A. Unless otherwise provided in the Contract
<br />Documents, Contractor shall pay for and obtain all
<br />permits, licenses, and inspections necessary for
<br />Proper execution and completion of the Work.
<br />Prior to Final Acceptance, the approved, signed
<br />permits shall be delivered to Owner.
<br />B. If allowances for permits or utility fees are called
<br />for in the Contract Documents and set forth in
<br />Contractor's bid, and the actual casts of those
<br />permits or fees differ from the allowances in the
<br />Contract Documents, the difference shall be
<br />adjusted by Change Order.
<br />C. Contractor shall comply with and give notices
<br />required by all federal, state, and local laws,
<br />onfilminces, rules, regulations, and lawful orders of
<br />public authorities applicable to performance of the
<br />Work.
<br />5.03 PJ TENT°, AND ROYALTIES
<br />Contractor is responsible for, and shall pay, all royalties
<br />and license fees. Contractor shall defend, indemnify, and
<br />hold 'Owner harmless from any costs, expenses, and
<br />liabilities arising out of the infringement by Contractor of
<br />any patent, copyright, or other intellectuaS property right
<br />used in the Work; however, provided that Contractor
<br />gives prompt notice, Contractor shall not be responsible
<br />for such defense or indemnity when a particular design,
<br />process, or product of a particular manufacturer or
<br />manufacturers is required by the Contract Documents. If
<br />Contractor has reason to believe that use of the required
<br />design process, or product constitutes an infringement of
<br />a patent or copyright, it shall promptly notify Owner of
<br />such potential infringement.
<br />July 1, 1992 W700 - page 14
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