Common use of DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR Clause in Contracts

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR. In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in this Contract, the Contractor shall have and perform the following duties, obligations and responsibilities to the Owner: (A) The Contractor is again reminded of its continuing duties set forth in Subparagraph 3(G), which are by reference hereby incorporated in this Subparagraph 10(A). The Contractor shall not perform work without adequate plans and specifications, or, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing it involves an error, inconsistency or omission in the Contract without first providing written notice to the Owner, the Contractor shall be responsible for such work and pay the cost of correcting same; (B) All work shall strictly conform to the requirements of this Contract; (C) The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the work on behalf of the Contractor; (D) The Contractor hereby warrants that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of this Contract. Any work not strictly complying with the requirements of this Subparagraph shall constitute a breach of the Contractor's warranty; (E) The Contractor shall obtain and pay for all required permits, fees and licenses customarily obtained by the Contractor. The Contractor shall comply with all legal requirements applicable to the work; (F) The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 10(F) as though such individuals had been listed above; (G) The Contractor, within fifteen (15) days of commencing the work, shall provide to the Owner, and comply with, the Contractor's schedule for completing the work. Such schedule shall be in a form acceptable to the Owner. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total Project. Each such revision shall be furnished to the Owner. Strict compliance with the requirements of this Subparagraph 10(G) shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of this Contract; (H) The Contractor shall keep an updated copy of this Contract at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the Owner at all regular business hours. Upon final completion of the work, all of these items shall be finally updated and provided to the Owner and shall become the property of the Owner; (I) Shop drawings and other submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the Owner. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents. However, approval by the Owner shall not be evidence that work installed pursuant thereto conforms to the requirements of this Contract. The Owner shall have no duty to review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log which shall include, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. The Contractor shall have the duty to carefully review, inspect and examine any and all submittals before submission of same to the Owner; (J) The Contractor shall maintain the Project site in a reasonably clean condition during performance of the work. Upon final completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment; (K) At all times relevant to this Contract, the Contractor shall permit the Owner to enter upon the Project site and to review or inspect the work without formality or other procedure.

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR. In addition to any and all other duties, obligations obligations, and responsibilities of the Contractor set forth in this Contractthe Contract Documents, the Contractor shall have and perform the following duties, obligations obligations, and responsibilities to the Owner: (A) A. Contract Documents and site conditions: 1. The Contractor is again reminded of its Contractor’s continuing duties include, but are not limited to, those set forth in Subparagraph 3(G), which Section III.G and are by reference hereby incorporated in this Subparagraph 10(A). Section X.A. The Contractor shall not perform work without adequate plans and specifications, specifications or, as appropriate, approved shop drawings, drawings or other submittals. If the Contractor performs work knowing or believing it involves an error, inconsistency inconsistency, or omission in the Contract Documents without first providing written notice to the Design Professional and Owner, the Contractor shall be responsible for such work and pay the cost of correcting same; (B) 2. The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing the work. Errors, inconsistencies, or omissions discovered shall be reported to the Owner and the Owner’s Representative immediately. Such examination, review, and comparison shall be a warranty that the Contract Documents are complete and the Project is buildable as described except as reported. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof where appropriate. B. All work shall strictly conform to the requirements of this Contractthe Contract Documents; (C) C. The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the work on behalf of the Contractor; (D) D. The Contractor hereby warrants that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new and of high quality, that the completed finished work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of this Contractthe Contract Documents. Any work not strictly complying with the requirements of this Subparagraph Section shall constitute a breach of the Contractor's ’s warranty; (E) E. The Contractor shall obtain secure the building permit and other permits and governmental approvals and inspections necessary for proper execution and completion of the work. The Owner shall either pay direct or reimburse the Contractor for all required permits, the actual fees and licenses customarily obtained by the Contractorwith no markup for overhead or profit. The Contractor shall comply with all legal requirements applicable to and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the workWork; (F) F. The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION listed in the Project Form. So long as the those individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 10(F) Section X.F as though such individuals had been listed above; (G) G. The Contractor, within fifteen (15) days of commencing the work, shall provide to the OwnerOwner and the Design Professional, and comply with, the Contractor's ’s schedule for completing the workwork within the time provided by the Contract Documents. Such schedule shall be in a form acceptable to the Owner. The Contractor's ’s schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time as required by the Owner and shall apply to the total Project. A Contractor’s revisions to the schedule shall not constitute a waiver of the requirement to complete the Project in the time allowed by the Contract Documents, unless additional time for performance has been allowed pursuant to Article XIII hereof. Each such revision shall be furnished to the OwnerOwner and the Design Professional. Strict compliance with the requirements of this Subparagraph 10(G) Section X.G shall be a condition precedent to the payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of this the Construction Contract; (H) H. The Contractor shall keep an updated copy of this the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the Owner and the Design Professional at all regular business hours. Upon final completion Final Completion of the work, all of these items shall be finally updated and provided to the Owner and shall become the property of the Owner; (I) I. Shop drawings and other submittals from the Contractor do not constitute a part of the ContractContract Documents. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the OwnerOwner or Design Professional. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents. However, approval by the Design Professional or the Owner shall not be evidence that work installed pursuant thereto conforms to with the requirements of this Contractthe Contract Documents. The Owner and the Design Professional shall have no duty to review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log which shall include, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. The Contractor shall have the duty to carefully review, inspect inspect, and examine any and all submittals before submission of same to the OwnerOwner or the Design Professional; (J) J. The Contractor shall maintain the Project site in a reasonably clean condition during performance of the work. Upon final completionFinal Completion, the Contractor shall thoroughly clean the Project site of all debris, trash trash, and excess materials or equipment; (K) K. At all times relevant to this the Construction Contract, the Contractor shall permit the Owner and the Design Professional to enter upon the Project site and to review or inspect the work without formality or other procedure.;

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR. In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in this Contract, the Contractor shall have and perform the following duties, obligations and responsibilities to the Owner: (A) The Contractor is again reminded of its continuing duties set forth in Subparagraph 3(G), which are by reference hereby incorporated in this Subparagraph 10(A). The Contractor shall not perform work without adequate plans and specifications, or, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing it involves an error, inconsistency or omission in the Contract without first providing written notice to the Architect and Owner, the Contractor shall be responsible for such work and pay the cost of correcting same; (B) All work shall strictly conform to the requirements of this Contract; (C) The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the work on behalf of the Contractor; (D) The Contractor hereby warrants that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of this Contract. Any work not strictly complying with the requirements of this Subparagraph shall constitute a breach of the Contractor's warranty; (E) The Contractor shall obtain and pay for all required permits, fees and licenses customarily obtained by the Contractor. The Contractor shall comply with all legal requirements applicable to the work. CONTRACTOR SHALL LAWFULLY DISPOSE OF ALL CONSTRUCTION MATERIALS, CHEMICALS, AND DEBRIS AND SHALL INDEMNIFY AND HOLD OWNER HARMLESS FOR THE UNLAWFUL DISPOSAL OF ALL CONSTRUCTION MATERIALS, CHEMICALS, AND DEBRIS DONE BY CONTRACTOR OR ITS SUBCONTRACTOR(S) IN FURTHERANCE OF THIS CONTRACT; (F) The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 10(F) as though such individuals had been listed above; (G) The Contractor, within fifteen (15) days of commencing the work, shall provide to the Owner, and comply with, the Contractor's schedule for completing the work. Such schedule shall be in a form acceptable to the Owner. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total Project. Each such revision shall be furnished to the Owner. Strict compliance with the requirements of this Subparagraph 10(G) shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of this Contract; (H) The Contractor shall keep an updated copy of this Contract at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the Owner at all regular business hours. Upon final completion of the work, all of these items shall be finally updated and provided to the Owner and shall become the property of the Owner; (I) Shop drawings and other submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the Owner. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents. However, approval by the Owner shall not be evidence that work installed pursuant thereto conforms to the requirements of this Contract. The Owner shall have no duty to review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log which shall include, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. The Contractor shall have the duty to carefully review, inspect and examine any and all submittals before submission of same to the Owner; (J) The Contractor shall maintain the Project site in a reasonably clean condition during performance of the work. Upon final completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment; (K) At all times relevant to this Contract, the Contractor shall permit the Owner to enter upon the Project site and to review or inspect the work without formality or other procedure.FUNCTION

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR. In addition to any and all other duties, obligations obligations, and responsibilities of the Contractor set forth in this Contract, the Contractor shall have has and must perform the following duties, obligations obligations, and responsibilities to the Ownerresponsibilities: (A) The Contractor is again reminded of must continually perform its continuing duties set forth in Subparagraph 3(G), which are by reference hereby incorporated in this Subparagraph 10(A)Contract. The Contractor shall must not perform work Work without adequate plans Drawings and specificationsSpecifications, or, as appropriate, approved shop drawingsShop Drawings, or other submittalsSubmittals. If the Contractor performs work Work knowing or believing it involves an error, inconsistency inconsistency, or omission in the Contract Contract, without first providing written notice to the Owner, the Contractor shall be is responsible for such work the Work and must pay the cost all costs of correcting same;it. (B) All work shall Work must conform strictly conform to the requirements of this the Contract;. (C) The work shall be Contractor must strictly supervised, supervise the performance and completion of the Work and must monitor the Work as it progresses. The Contractor bearing full responsibility is strictly liable for any and all acts or and omissions of those engaged in the work Work on behalf of the Contractor;. (D) The Contractor hereby warrants that all labor furnished under this Contract shall will be competent to perform the tasks undertaken, ; that the product of such labor shall will yield only first-class results, ; that all materials used in the Work and equipment provided shall will be new and of high quality, ; that the completed work Work will be complete, of high quality, without defects, when completed; and that all work of the Work will strictly complies comply with the requirements of this the Contract. Any work Work not strictly complying with the requirements of this Subparagraph shall constitute the Contract will be a breach of the Contractor's warranty;. (E) The Contractor shall must obtain and pay for all required permits, fees fees, and licenses customarily obtained by the Contractorlicenses. The Contractor shall must comply with all legal requirements Laws and Regulations applicable to the work;Project and to the Work. (F) The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 10(F) as though such individuals had been listed above; (G) The Contractor, within fifteen (15) days of commencing the work, shall provide to the Owner, and comply with, the Contractor's schedule for completing the work. Such schedule shall be in a form acceptable to the Owner. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total Project. Each such revision shall be furnished to the Owner. Strict compliance with the requirements of this Subparagraph 10(G) shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of this Contract; (H) The Contractor shall keep an updated copy of this Contract at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the Owner at all regular business hours. Upon final completion of the work, all of these items shall be finally updated and provided to the Owner and shall become the property of the Owner; (I) Shop drawings and other submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the Owner. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents. However, approval by the Owner shall not be evidence that work installed pursuant thereto conforms to the requirements of this Contract. The Owner shall have no duty to review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log which shall include, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. The Contractor shall have the duty to carefully review, inspect and examine any and all submittals before submission of same to the Owner; (J) The Contractor shall must maintain the Project site Site in a reasonably clean condition during performance of the workWork. Upon final completionFinal Completion, the Contractor shall must thoroughly clean the Project site Site of all debris, trash and excess materials or equipment;. (KG) At all times relevant to this Contract, the Contractor shall must permit the Owner to enter upon the Project site Site and to review or inspect the work Work without formality or other procedure. (H) The following italicized text is an excerpt from the AIA A201 General Conditions which is part of the project manual and is hereby incorporated as part of this contract, the sections referenced in the excerpt below are incorporated by reference.

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR. In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in this Contract, the Contractor shall have and perform the following duties, obligations and responsibilities to the Owner: (A) The Contractor is again reminded of its continuing duties set forth in Subparagraph 3(G), which are by reference hereby incorporated in this Subparagraph 10(A). The Contractor shall not perform work without adequate plans and specifications, or, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing it involves an error, inconsistency or omission in the Contract without first providing written notice to the Manager and Owner, the Contractor shall be responsible for such work and pay the cost of correcting same; (B) All work shall strictly conform to the requirements of this Contract; (C) The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the work on behalf of the Contractor; (D) The Contractor hereby warrants that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of this Contract. Any work not strictly complying with the requirements of this Subparagraph shall constitute a breach of the Contractor's warranty; (E) The Contractor shall obtain and pay for all required permits, fees and licenses customarily obtained by the Contractor. The Contractor shall comply with all legal requirements applicable to the work. CONTRACTOR SHALL LAWFULLY DISPOSE OF ALL CONSTRUCTION MATERIALS, CHEMICALS, AND DEBRIS AND SHALL INDEMNIFY AND HOLD OWNER HARMLESS FOR THE UNLAWFUL DISPOSAL OF ALL CONSTRUCTION MATERIALS, CHEMICALS, AND DEBRIS DONE BY CONTRACTOR OR ITS SUBCONTRACTOR(S) IN FURTHERANCE OF THIS CONTRACT; (F) The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 10(F10(f) as though such individuals had been listed above; (G) The Contractor, within fifteen (15) days of commencing the work, shall provide to the OwnerOwner and the Manager, and comply with, the Contractor's schedule for completing the work. Such schedule shall be in a form acceptable to the Owner. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total Project. Each such revision shall be furnished to the OwnerOwner and the Manager. Strict compliance with the requirements of this Subparagraph 10(G) shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of this Contract; (H) The Contractor shall keep an updated copy of this Contract at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the Owner and the Manager at all regular business hours. Upon final completion of the work, all of these items shall be finally updated and provided to the Owner and shall become the property of the Owner; (I) Shop drawings and other submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the OwnerManager. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents. However, approval by the Manager or the Owner shall not be evidence that work installed pursuant thereto conforms to the requirements of this Contract. The Owner and the Manager shall have no duty to review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log which shall include, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. The Contractor shall have the duty to carefully review, inspect and examine any and all submittals before submission of same to the OwnerOwner or the Manager; (J) The Contractor shall maintain the Project site in a reasonably clean condition during performance of the work. Upon final completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment; (K) At all times relevant to this Contract, the Contractor shall permit the Owner and the Manager to enter upon the Project site and to review or inspect the work without formality or other procedure.

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR. In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in this Contract, the Contractor shall have and perform the following duties, obligations and responsibilities to the Owner: (A) The Contractor is again reminded of its continuing duties set forth in Subparagraph 3(G), which are by reference hereby incorporated in this Subparagraph 10(A). The Contractor shall not perform work without adequate plans and specifications, or, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing it involves an error, inconsistency or omission in the Contract without first providing written notice to the Engineer and Owner, the Contractor shall be responsible for such work and pay the cost of correcting same; (B) All work shall strictly conform to the requirements of this Contract; (C) The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the work on behalf of the Contractor; (D) The Contractor hereby warrants that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of this Contract. Any work not strictly complying with the requirements of this Subparagraph shall constitute a breach of the Contractor's warranty; (E) The Contractor shall obtain and pay for all required permits, fees and licenses customarily obtained by the Contractor. The Contractor shall comply with all legal requirements applicable to the work. CONTRACTOR SHALL LAWFULLY DISPOSE OF ALL CONSTRUCTION MATERIALS, CHEMICALS, AND DEBRIS AND SHALL INDEMNIFY AND HOLD OWNER HARMLESS FOR THE UNLAWFUL DISPOSAL OF ALL CONSTRUCTION MATERIALS, CHEMICALS, AND DEBRIS DONE BY CONTRACTOR OR ITS SUBCONTRACTOR(S) IN FURTHERANCE OF THIS CONTRACT; (F) The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 10(F10(f) as though such individuals had been listed above; (G) The Contractor, within fifteen (15) days of commencing the work, shall provide to the OwnerOwner and the Engineer, and comply with, the Contractor's schedule for completing the work. Such schedule shall be in a form acceptable to the Owner. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total Project. Each such revision shall be furnished to the OwnerOwner and the Engineer. Strict compliance with the requirements of this Subparagraph 10(G) shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of this Contract; (H) The Contractor shall keep an updated copy of this Contract at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the Owner and the Engineer at all regular business hours. Upon final completion of the work, all of these items shall be finally updated and provided to the Owner and shall become the property of the Owner; (I) Shop drawings and other submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the OwnerEngineer. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents. However, approval by the Engineer or the Owner shall not be evidence that work installed pursuant thereto conforms to the requirements of this Contract. The Owner and the Engineer shall have no duty to review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log which shall include, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. The Contractor shall have the duty to carefully review, inspect and examine any and all submittals before submission of same to the OwnerOwner or the Engineer; (J) The Contractor shall maintain the Project site in a reasonably clean condition during performance of the work. Upon final completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment; (K) At all times relevant to this Contract, the Contractor shall permit the Owner and the Engineer to enter upon the Project site and to review or inspect the work without formality or other procedure.

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR. In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in this Contract, the Contractor shall have and perform the following duties, obligations and responsibilities to the Owner: (A) The Contractor is again reminded of its continuing duties set forth in Subparagraph 3(G), which are by reference hereby incorporated in this Subparagraph 10(A). The Contractor shall not perform work without adequate plans and specifications, or, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing it involves an error, inconsistency or omission in the Contract without first providing written notice to the Project Manager and Owner, the Contractor shall be responsible for such work and pay the cost of correcting same; (B) All work shall strictly conform to the requirements of this Contract; (C) The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the work on behalf of the Contractor; (D) The Contractor hereby warrants that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of this Contract. Any work not strictly complying with the requirements of this Subparagraph shall constitute a breach of the Contractor's warranty; (E) The Contractor shall obtain and pay for all required permits, fees and licenses customarily obtained by the Contractor. The Contractor shall comply with all legal requirements applicable to the work. CONTRACTOR SHALL LAWFULLY DISPOSE OF ALL CONSTRUCTION MATERIALS, CHEMICALS, AND DEBRIS AND SHALL INDEMNIFY AND HOLD OWNER HARMLESS FOR THE UNLAWFUL DISPOSAL OF ALL CONSTRUCTION MATERIALS, CHEMICALS, AND DEBRIS DONE BY CONTRACTOR OR ITS SUBCONTRACTOR(S) IN FURTHERANCE OF THIS CONTRACT; (F) The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 10(F10(f) as though such individuals had been listed above; (G) The Contractor, within fifteen TEN (1510) days of commencing the work, shall provide to the OwnerOwner and the Project Manager, and comply with, the Contractor's schedule for completing the work. Such schedule shall be in a form acceptable to the Owner. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total Project. Each such revision shall be furnished to the OwnerOwner and the Project Manager. Strict compliance with the requirements of this Subparagraph 10(G) shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of this Contract; (H) The Contractor shall keep an updated copy of this Contract at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the Owner and the Project Manager at all regular business hours. Upon final completion of the work, all of these items shall be finally updated and provided to the Owner and shall become the property of the Owner; (I) Shop drawings and other submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the OwnerProject Manager. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents. However, approval by the Project Manager or the Owner shall not be evidence that work installed pursuant thereto conforms to the requirements of this Contract. The Owner and the Project Manager shall have no duty to review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log which shall include, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. The Contractor shall have the duty to carefully review, inspect and examine any and all submittals before submission of same to the OwnerOwner or the Project Manager; (J) The Contractor shall maintain the Project site in a reasonably clean condition during performance of the work. Upon final completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment; (K) At all times relevant to this Contract, the Contractor shall permit the Owner and the Project Manager to enter upon the Project site and to review or inspect the work without formality or other procedure.

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR. In addition to any and all other duties, obligations obligations, and responsibilities of the Contractor set forth in this Contractthe Contract Documents, the Contractor shall have and perform the following duties, obligations obligations, and responsibilities to the Owner: (A) A. Contract Documents and site conditions: 1. The Contractor is again reminded of its Contractor’s continuing duties include, but are not limited to, those set forth in Subparagraph 3(G), which Section III.G and are by reference hereby incorporated in this Subparagraph 10(A). Section X.A. The Contractor shall not perform work without adequate plans and specifications, specifications or, as appropriate, approved shop drawings, drawings or other submittals. If the Contractor performs work knowing or believing it involves an error, inconsistency inconsistency, or omission in the Contract Documents without first providing written notice to the Architect and Owner, the Contractor shall be responsible for such work and pay the cost of correcting same; (B) 2. The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing the work. Errors, inconsistencies, or omissions discovered shall be reported to the Owner and the Owner’s Representative immediately. Such examination, review, and comparison shall be a warranty that the Contract Documents are complete and the Project is buildable as described except as reported. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof where appropriate. B. All work shall strictly conform to the requirements of this Contractthe Contract Documents; (C) C. The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the work on behalf of the Contractor; (D) D. The Contractor hereby warrants that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new and of high quality, that the completed finished work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of this Contractthe Contract Documents. Any work not strictly complying with the requirements of this Subparagraph Section shall constitute a breach of the Contractor's ’s warranty; (E) E. The Contractor shall obtain secure the building permit and other permits and governmental approvals and inspections necessary for proper execution and completion of the work. The Owner shall either pay direct or reimburse the Contractor for all required permits, the actual fees and licenses customarily obtained by the Contractorwith no markup for overhead or profit. The Contractor shall comply with all legal requirements applicable to and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the workWork; (F) F. The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 10(F) Section X.F as though such individuals had been listed above; (G) G. The Contractor, within fifteen (15) days of commencing the work, shall provide to the OwnerOwner and the Architect, and comply with, the Contractor's ’s schedule for completing the workwork within the time provided by the Contract Documents. Such schedule shall be in a form acceptable to the Owner. The Contractor's ’s schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time as required by the Owner and shall apply to the total Project. A Contractor’s revisions to the schedule shall not constitute a waiver of the requirement to complete the Project in the time allowed by the Contract Documents, unless additional time for performance has been allowed pursuant to Article XIII hereof. Each such revision shall be furnished to the OwnerOwner and the Architect. Strict compliance with the requirements of this Subparagraph 10(G) Section X.G shall be a condition precedent to the payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of this the Construction Contract; (H) H. The Contractor shall keep an updated copy of this the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the Owner and the Architect at all regular business hours. Upon final completion Final Completion of the work, all of these items shall be finally updated and provided to the Owner and shall become the property of the Owner; (I) I. Shop drawings and other submittals from the Contractor do not constitute a part of the ContractContract Documents. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the OwnerArchitect. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents. However, approval by the Architect or the Owner shall not be evidence that work installed pursuant thereto conforms to with the requirements of this Contractthe Contract Documents. The Owner and the Architect shall have no duty to review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log which shall include, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. The Contractor shall have the duty to carefully review, inspect inspect, and examine any and all submittals before submission of same to the OwnerOwner or the Architect; (J) J. The Contractor shall maintain the Project site in a reasonably clean condition during performance of the work. Upon final completionFinal Completion, the Contractor shall thoroughly clean the Project site of all debris, trash trash, and excess materials or equipment; (K) K. At all times relevant to this Construction Contract, the Contractor shall permit the Owner and the Architect to enter upon the Project site and to review or inspect the work without formality or other procedure.;

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR. In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in this Contract, the Contractor shall have and perform the following duties, obligations and responsibilities to the OwnerCity: (A) The Contractor is again reminded of its continuing duties set forth in Subparagraph 3(G), 4(E) which are by reference hereby incorporated in this Subparagraph 10(A). The Contractor shall not perform work without adequate plans and specifications, or, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing it involves an error, inconsistency or omission in the Contract without first providing written notice to the OwnerCity and the Architect, the Contractor shall be responsible for such work and pay the cost of correcting same; (B) All work shall strictly conform to the requirements of this Contract; (C) The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the work on behalf of the Contractor; (D) The Contractor hereby warrants that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of this Contract. Any work not strictly complying with the requirements of this Subparagraph shall constitute a breach of the Contractor's ’s warranty; (E) The Contractor shall obtain and pay for all required permits, fees and licenses customarily obtained by the Contractor. The Contractor shall comply with all legal requirements applicable to the work; (F) The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 10(F) as though such individuals had been listed above;. (G) The Contractor, within fifteen (15) days of commencing the work, shall provide to the Owner, and comply with, the Contractor's schedule for completing the work. Such schedule shall be in a form acceptable to the Owner. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total Project. Each such revision shall be furnished to the Owner. Strict compliance with the requirements of this Subparagraph 10(G) shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of this Contract; (H) The Contractor shall keep an updated copy of this Contract at the Project site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the Owner City at all regular business hours. Upon final completion of the work, all of these items shall be finally updated and provided to the Owner City and shall become the property of the Owner;City. (I) Shop drawings and other submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the Owner. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents. However, approval by the Owner shall not be evidence that work installed pursuant thereto conforms to the requirements of this Contract. The Owner shall have no duty to review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log which shall include, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. The Contractor shall have the duty to carefully review, inspect and examine any and all submittals before submission of same to the Owner; (JH) The Contractor shall maintain the Project site in a reasonably clean condition during performance of the work. Upon final completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment;. (KI) At all times relevant to this Contract, the Contractor shall permit the Owner City to enter upon the Project site and to review or inspect the work without formality or other procedure.