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i <br />40 <br />i <br />3.12 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor,- Contractor's employees, <br />Subcontractors and their agents and employees. and other persons or entities perforating portions of the Work for of on behalf <br />of the Contractor or any of its Subcontractors. <br />3,3.3 The Contractor shall be responsible for inspection of portions of Work already perfortned to determine that such <br />portions are in proper condition to receive subsequent Work. <br />3.4 LABOR AND MATERIALS <br />3.4.1 Unless otherwise provided in the Contract Documents. the Contractor shall provide and pay for labor, materials, <br />equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services <br />necessary for proper execution and completion of the 'Work, whether temporary or permanent and whether or not incorporated <br />or to be incorporated in the Work. <br />3.4.2 The Contractor may make substitutions only with the consent of lite Owner, after evaluation by the Architect and in <br />accordance with a Change Order. <br />3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and all other persons <br />carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned <br />to them. <br />3.5 WARRANTY <br />3.6.1 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 otherwise required or permitted by the Contract Documents, that the Work will be free from <br />defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract <br />Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may <br />will -bo considered defective. The Contracioes warranty excludes romedy for damage or defect causcd by abnse, modifications <br />not executed by the Contractor, improper or insufficient maintenance:. improper operation, or normal wear and tear and normal <br />usage. if required by the Architect, or the Owner. lite Contractor shall furnish satisfactory evidence as to the kind and quality of <br />materials and equipment. <br />3.6 TABES <br />3.8.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by lite Contractor which are <br />legally enacted when bids arc received or negotiations concluded, whether or not yet of ective or merely scheduled to go into <br />effect. <br />3.7 PERMITS, FEES AND NOTICES <br />3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall sccurc and pay for the building permit and <br />other permits and governmental fees, licenses and inspections necessary for proper execution and completion of lite 1t+nrk <br />which are customarily secured aver execration of lite Contract and which are legally required when bids are received or <br />negotiations concluded. <br />3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders <br />of public authorities applicable to perfarmanoc of the Work. <br />3.7.3 1Vhilc it R is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with <br />applicable laws, statutes, ordinances, building codes, and rules and regulations, _--However-. if the Contractor obsen•cs that <br />portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and [honer in <br />writing, and necessary changes shall be accomplished by appropriate Modification. <br />3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinartm, building codes, and Hiles and <br />regulations without such notice to the Architect and Owner, the Contractor shall assume uppropriale responsibility for <br />correction pf such Work and shall bear the costs, lossesrtnd crpet• ?sea attributable to correction. <br />AIA IX)t UW.N T A20i-C IENF.RAI. CONI)MUNS l7F'17tii CONTRAO' FOR WWI - l"711A)MON - AIA- COPYRRAIT 1".197 •'HIR ANT RICAN <br />INS-IT'anrl7? OF AMIFFIEXTS, Pis NEW YORKWk. AVENUE k. WNWUNOTON, U.C- 20006-5242. WARNINIQ thliom.%W pho,kw, )ing v�iolato tl.8. <br />pup5Tiy,t law, and will itLhloA tha ytola(w to I�&al proven ani dile J+ mint wa. a MnwiWly ps"kvd with p mmi.iw of Qw, AIA wad mi tw rvrruJUvaxi wAht" <br />viotatimt tuait the dale urtwirtdim a na,.d hJove. <br />I:.feClrUttlC I�otmal ".'.I11.1t1K17 <br />User I)ocumenl: 1+f:RO -- 7/11121RK), AIA heel, Number 104600. which expires on VIV2001 -- Page #14 <br />