|
facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent
<br /> and whether or not incorporated or to be incorporated in the Work.
<br /> V. AL PILL
<br /> § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections
<br /> VM2 "I3 1 or . 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the
<br /> Architect and in accordance with a Change Order or Construction Change Directive.
<br /> LfJ "LL
<br /> 'It § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor' s employees and other
<br /> persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly
<br /> skilled in tasks assigned to them.
<br /> iv
<br /> LL
<br /> § 3.3 WARRANTY
<br /> The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will
<br /> be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further
<br /> warrants thI'LL Iat the Work will cL-Lonform to the requirements of the Contract Documents and will be free from defects,
<br /> LI
<br /> except for those inherent in the ;quality of the Work the Contract Documents require or permit. Work, materials, or
<br /> PILequipment not conforming these requirements may be considered defective. The Contractor' s warranty excludes
<br /> remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or
<br /> insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the
<br /> Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
<br /> § 3.6 TAXES
<br /> The Contractor sil allilpay sales, consumer, use and similar taxes for the Work provided by the Contractor that are
<br /> legally enacted when"bids 11;are received or negotiations concluded, whether or not yet effective or merely scheduled
<br /> to go into effect.
<br /> § V: tCLL.LL It '
<br /> 3,7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS
<br /> lIt§ 3.7. 1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
<br /> permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper
<br /> LL
<br /> execution and completion of the Work that are customarily secured after execution of the Contract and legally
<br /> required at the time bids are received or negotiations concluded.
<br /> § 3.7:2 The Contractor shall comply CIVILwith and give notices required by applicable laws, statutes, ordinances, codes,
<br /> rules and regulations, and lawful orders of public authorities applicable to performance of the Work.
<br /> § 3.7.3 , If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes,
<br /> LI
<br /> ILL
<br /> rules and regulations or lawful orders of public authorities, the Contractor shall assume appropriate responsibility
<br /> for such 3 ti
<br /> Work and shall bear the costs attributable to correction.
<br /> § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are ( 1 )
<br /> subsurface or .otherwise concealed physical conditions that differ materially from those indicated in the Contract
<br /> LL
<br /> Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily
<br /> found to exist and generally recognized as inherent in construction activities of the character provided for in the
<br /> Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions
<br /> are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly
<br /> Li I
<br /> investigate such conditions and, if the Architect determines that they differ materially and cause an increase or
<br /> I LL
<br /> decrease in the Contractor' s cost of, or time required for, performance of any part of the Work, will recommend an
<br /> ... . .
<br /> equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions
<br /> at the site are not -materially different from those indicated in the Contract Documents and that no change in the
<br /> t
<br /> 1". ermsL of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the
<br /> reasons. If either party disputes the Architect' s determination or recommendation, that party may proceed as
<br /> provided in Article 15 .
<br /> § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial
<br /> markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately
<br /> suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such
<br /> notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume
<br /> AIA Document A201 TM - 2007. Copyright ® 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970, 1976, 1987, 1997 and 2007
<br /> by The American
<br /> Init. Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
<br /> 14
<br /> reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted
<br /> to the
<br /> maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21 /2012 under Order No.4386727979_1 which
<br /> expires on 02/05/2013, and is not for resale.
<br /> User Notes: (811102566)
<br /> I
<br />
|