2023-050 Resolution - Laserfiche WebLink

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approvals, easements, assessments, and charges required for the construction, use, or occupancy of permanent structures or for permanent changes in existing facilities. Owner shall furnish water, electricity and other utilities utilized by the Contractor and Subcontractors in connection with their performance of the Work which shall be paid for by Owner. § 8.2 Owner's Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. ARTICLE CONTRACTOR § 9.1 Review of Field Conditions by Contractor § 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local and only readily visible conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 9.11 Notwithstanding anything to the contrary contained in the Contract Documents, the Contractor shall not be liable for failing to discover unforeseen, differing subsurface or concealed conditions. Contractor shall be entitled to rely upon information, "as -built" documents, surveys, energy information provided under Section I.1 and test results furnished by the Owner, the Owner's Consultants, or the Owner's agents. § 9.2 Supervision and Construction Procedures § 9.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions ofthe Work under the Contract, unless the Contract Documents give other specific instructions conceming these matters. § 9.21 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf ofthe Contractor or any of its Subcontractors. § 9.3 Labor and Materials § 9.3.1 The Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services necessary for proper execution and completion of the Work but Owner shall provide and pay for all water, hear and utilities. § 9.33 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 9.33 The Contractor may make a substitution only with the consent of the Owner, and in accordance with a Modification. § 9.4 Warranty The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. All manufacturers' warranties required by the Contract Documems shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 15.6.3. § 9.4.1 Limitations on Warranty. Page 6 of 18