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§ 3 .3 .3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3 .4 LABOR AND MATERIALS § 3 .4. 1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery , water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work . § 3.4.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor ' s employees and all other persons carrying out the Contract at the Fern work site. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 3.5 WARRANTY § 3.5. 1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents , that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents . Work not conforming to these requirements, including substitutions not properly approved and authorized, may-will be considered defective . The Contractor' s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect or the " ~Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES § 3.6. 1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES AND NOTICES § 3.7. 1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. Contractor acknowledges that the foregoing items are governed by the provisions of Florida Statutes section 218 . 80, Public Bid Disclosure Act. § 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances , rules , regulations and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 It is not the Contractor' s responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. § 3.7.4 If the Contractor performs Work knowing it to be contrary to laws , statutes, ordinances , building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for correction of such Work and shall bear the costs of losses and expenses attributable to correction . § 3 .8 ALLOWANCES § 3.8 . 1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents . Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. AIA Document A201 TM — 1997. Copyright ® 1911 , 1915 , 1918, 1925, 1937, 1951 l 1958 , 1961 , 1963 , 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING : This AIA ° Document is protected by U.S. Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :50:06 on 08/10/2005 under Order No. 1000192296_1 which expires on 8/8/2006, and is not for resale. User Notes: (726890250)