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