Common use of SUPERVISION AND CONSTRUCTION PROCEDURES Clause in Contracts

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. 3.3.2 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 of, the Contractor or any of its Subcontractors. 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. 3.3.4 Inspection of the progress, quantity, or quality of the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Owner.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The 3.9.1 Contractor shall develop and be responsible for implementing and enforcing the Construction Plan. Contractor shall comply with all directions of MSG and Project Manager with respect to coordination of the Construction Plan with the Lessor and any other Person having a property interest in the Site, the Adjacent Property, or facilities traversing the Site. Contractor shall administer the Construction Plan so as to cause no material disruption or damage to the property, or fixtures thereon, of the foregoing interests. 3.9.2 Contractor shall provide administrative, management and related services as required: (a) to supervise and direct the Work, using the Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions performance of the Work. The Work by all Subcontractors; and (b) to coordinate such work with the activities and responsibilities of MSG, Project Manager and Architect. 3.9.3 Contractor shall be solely responsible for, and have control over, for all construction means, methods, techniques, sequences and procedures procedures, including those employed by Subcontractors and for coordinating all portions sub-subcontractors in the performance of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these mattersWork. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, and shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner MSG, Project Manager and Architect and shall not proceed with that portion of the Work without further written instructions instruction from MSG. 3.9.4 Contractor shall coordinate all relevant aspects of the Architect. If Work with Lessor, Wynn Resorts, LLC, Las Vegas Monorail Company and all Governmental Authorities and utility companies to the Contractor extent they may be implicated in the Work, but is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely not responsible for the acts or omissions of any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or proceduresof the foregoing Persons. 3.3.2 The 3.9.5 Contractor shall be responsible to MSG for the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employeesagents, and any other persons or entities performing portions any of the Work for, or on behalf of, the under a contract with Contractor or any of its Subcontractors. 3.3.3 The 3.9.6 Contractor shall not be relieved from Contractor’s obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of Project Manager or Architect in their administration of the Agreement, or by inspections, tests or approvals required or performed under Section 3.23 by persons other than Contractor. 3.9.7 Contractor shall not be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.3.4 Inspection of or have control or charge over the progress, quantity, acts or quality of the Work done by the Owner, any Owner’s representative, any governmental agency, omissions or the performance or non-performance of MSG, Architect, Project Manager (subject to the performance of Contractor’s coordination and scheduling obligations pursuant to Article 12) any Separate Contractor, or any inspectorof their respective agents or employees, or any other persons performing work or services on the Project through any of them; provided, however, that the foregoing shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under to provide notices, or follow up notices in the Contract Documents nor give rise to any duty on event no response is received, as required by the part terms of the Ownerthis Agreement.

SUPERVISION AND CONSTRUCTION PROCEDURES. § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences sequences, and procedures procedures, and for coordinating all portions of the Work under the Contract, unless . The Contractor shall review any such specific instructions and any construction or installation procedure specified in the Contract Documents give other specific instructions concerning these mattersDocuments, shall advise the Architect if following the instruction or procedure will affect any warranties. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences sequences, or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect the Architect, and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required propose alternative means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractorsequences, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors at any tier, design professionals performing services on behalf of the Contractor or Subcontractors, and their respective agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its SubcontractorsSubcontractors at any tier. The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in its administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. § 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. Under no conditions shall a section of Work § 3.3.4 Prior to the commencement of construction, the Contractor shall prepare and obtain the Owner’s approval of a construction site management plan, which will take into account requirements contained in the Specifications, and the Owner’s requirements and restrictions concerning access and parking for construction personnel, staging areas and material delivery times, traffic flow requirements of the Owner and local governmental authorities, and work hours, among other things. 3.3.4 Inspection of the progress§ 3.3.5 The Contractor shall perform such detailed examination, quantity, or inspection and quality surveillance of the Work done as will ensure that the Work is progressing and is being completed in strict accordance with the Contract Documents, including the latest issue of the Drawings and Specifications. The Contractor shall be responsible for examination, inspection and quality surveillance of all Work performed by any Subcontractor, and for each Subcontractors’ performance of such Work itself. The Contractor shall determine when it is necessary to perform and shall perform, or arrange for the performance of, tests (in addition to those requested by the Owner, any Owner’s representative, any governmental agency, Owner or required by the Architect, Specifications or any inspector, shall not relieve the Contractor of any responsibility for the compliance other provision of the Contract Documents) to verify its inspections or to ensure that the Work is being completed in strict accordance with the Contract Documents. The Owner If any of the Work is required to be inspected or its approved representative (heretofore referred by any public authority, Contractor shall cause such inspection or approval to as Owner’s representative) shall have access to the worksite and all Workbe performed. No supervision inspection performed or inspection failed to be performed by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative Owner hereunder shall relieve the Contractor be a waiver of any of Contractor’s obligations hereunder. § 3.3.6 The Contractor shall plan and lay out all Work in advance of operations so as to coordinate all work without delay or revision. The Contractor shall establish and maintain existing lot lines, restrictions, and bench marks. The Contractor shall establish and maintain all other grades, lines, levels and bench marks necessary for the execution of the Work and take necessary steps to prevent their dislocation or destruction. For new building construction or additions, the Contractor shall employ a professional land surveyor registered in the State of Oregon to establish building corners and floor elevations. The land surveyor shall also provide a stamped and signed drawing certifying the actual location of the building corners in reference to the lot lines and actual floor elevations as constructed. The Contractor shall report errors or inconsistencies to the Owner and the Architect before commencing Work and review placement of the improvements on the site with the Owner and the Architect after all lines are staked out and before foundation work is started. § 3.3.7 Should the Specifications and Drawings fail to particularly describe the material or kind of goods to be used in any place, or their method or integration into the Work, Contractor shall have the duty to make inquiry of the Owner and the Architect as to what is required prior to performance of the Work. Absent Specifications to the contrary, the § 3.3.8 If any of the Work is required to be inspected or approved by any public authority, Contractor shall cause such inspection or approval to be performed. No inspection performed or failed to be performed by the Owner hereunder shall be a waiver of any of Contractor’s obligations hereunder. § 3.3.9 Contractor acknowledges that it is Contractor’s responsibility to hire all personnel for the proper and diligent prosecution of the Work, and Contractor shall use its obligations under best efforts to maintain labor peace by and/or among its employees and subcontractors for the duration of the project. In the event of a labor dispute related to this project, Contractor shall not be entitled to an increase in the Contract Documents nor give rise to any duty on Sum or Contract Time if the part dispute was caused by acts or omissions of the OwnerContractor, or Contractor’s agents, Subcontractors or Suppliers.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The Contractor Construction Manager shall supervise and direct the Work, using the Contractor’s Construction Manager's best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor Construction Manager shall be solely responsible for, for and have control over, over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, including coordination of the duties of all trades, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors Construction Manager shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor Construction Manager determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor Construction Manager shall give timely written notice to the Owner Development Manager and Architect and shall not proceed with that portion of the Work without further written instructions from the ArchitectDevelopment Manager. If the Contractor Construction Manager is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the ContractorConstruction Manager, the Owner Construction Manager shall not be solely responsible for any resulting loss or damage arising solely from those Owner-required means, methods, techniques, sequences or proceduresdamage. 3.3.2 The Contractor Construction Manager shall be responsible to the Owner for acts and omissions of the Contractor’s Construction Manager's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, for or on behalf of, of the Contractor Construction Manager or any of its Subcontractors. 3.3.3 The Contractor Construction Manager shall be responsible for inspection of portions of Work already performed to determine that such portions are in accordance with the Drawings and in proper condition to receive subsequent Work. 3.3.4 Inspection of The Construction Manager acknowledges that it is the progress, quantity, or quality Construction Manager's responsibility to hire all personnel for the proper and diligent prosecution of the Work done by and the Owner, Construction Manager shall use its best efforts to maintain labor peace for the duration of the Project. In the event of any Owner’s representative, any governmental agency, labor dispute with respect to the Work or the ArchitectProject, or any inspector, the Construction Manager shall not relieve the Contractor of be entitled to any responsibility for the compliance of the Work with increase in the Contract DocumentsSum. Labor disputes other than with respect to labor at the Project site shall be governed by Paragraph 8.3.1 hereof. 3.3.5 The Owner or its approved representative (heretofore referred to as Construction Manger shall be responsible for coordination of Owner’s representative) shall have access 's other contractors to the worksite and all Work. No supervision or inspection by extent set forth in the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the OwnerAgreement.

SUPERVISION AND CONSTRUCTION PROCEDURES. § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences sequences, and procedures procedures, and for coordinating all portions of the Work under the Contract, unless . The Contractor shall review any such specific instructions and any construction or installation procedure specified in the Contract Documents give other specific instructions concerning these mattersDocuments, shall advise the Architect if following the instruction or procedure will affect any warranties. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences sequences, or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect the Architect, and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required propose alternative means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractorsequences, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors at any tier, design professionals performing services on behalf of the Contractor or Subcontractors, and their respective agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its SubcontractorsSubcontractors at any tier. The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in its administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. § 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. Under no conditions shall a section of Work proceed prior to preparatory work having been completed, cured, dried and otherwise made satisfactory to receive the related work. Responsibility for timely installation of all materials and equipment rests solely with the Contractor, who shall maintain coordination control at all times. § 3.3.4 Inspection Prior to the commencement of construction, the Contractor shall prepare and obtain the Owner’s approval of a construction site management plan, which will take into account requirements contained in the Specifications, and the Owner’s requirements and restrictions concerning access and parking for construction personnel, staging areas and material delivery times, traffic flow requirements of the progressOwner and local governmental authorities, quantityand work hours, or among other things. § 3.3.5 The Contractor shall perform such detailed examination, inspection and quality surveillance of the Work done as will ensure that the Work is progressing and is being completed in strict accordance with the Contract Documents, including the latest issue of the Drawings and Specifications. The Contractor shall be responsible for examination, inspection and quality surveillance of all Work performed by any Subcontractor, and for each Subcontractors’ performance of such Work itself. The Contractor shall determine when it is necessary to perform and shall perform, or arrange for the performance of, tests (in addition to those requested by the Owner, any Owner’s representative, any governmental agency, Owner or required by the Architect, Specifications or any inspector, shall not relieve the Contractor of any responsibility for the compliance other provision of the Contract Documents) to verify its inspections or to ensure that the Work is being completed in strict accordance with the Contract Documents. The Owner If any of the Work is required to be inspected or its approved representative (heretofore referred by any public authority, Contractor shall cause such inspection or approval to as Owner’s representative) shall have access to the worksite and all Workbe performed. No supervision inspection performed or inspection failed to be performed by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative Owner hereunder shall relieve the Contractor be a waiver of any of Contractor’s obligations hereunder. § 3.3.6 The Contractor shall plan and lay out all Work in advance of operations so as to coordinate all work without delay or revision. The Contractor shall establish and maintain existing lot lines, restrictions, and bench marks. The Contractor shall establish and maintain all other grades, lines, levels and bench marks necessary for the execution of the Work and take necessary steps to prevent their dislocation or destruction. For new building construction or additions, the Contractor shall employ a professional land surveyor registered in the State of Oregon to establish building corners and floor elevations. The land surveyor shall also provide a stamped and signed drawing certifying the actual location of the building corners in reference to the lot lines and actual floor elevations as constructed. The Contractor shall report errors or inconsistencies to the Owner and the Architect before commencing Work and review placement of the improvements on the site with the Owner and the Architect after all lines are staked out and before foundation work is started. § 3.3.7 Should the Specifications and Drawings fail to particularly describe the material or kind of goods to be used in any place, or their method or integration into the Work, Contractor shall have the duty to make inquiry of the Owner and the Architect as to what is required prior to performance of the Work. Absent Specifications to the contrary, the § 3.3.8 If any of the Work is required to be inspected or approved by any public authority, Contractor shall cause such inspection or approval to be performed. No inspection performed or failed to be performed by the Owner hereunder shall be a waiver of any of Contractor’s obligations hereunder. § 3.3.9 Contractor acknowledges that it is Contractor’s responsibility to hire all personnel for the proper and diligent prosecution of the Work, and Contractor shall use its obligations under best efforts to maintain labor peace by and/or among its employees and subcontractors for the duration of the project. In the event of a labor dispute related to this project, Contractor shall not be entitled to an increase in the Contract Documents nor give rise to any duty on Sum or Contract Time if the part dispute was caused by acts or omissions of the OwnerContractor, or Contractor’s agents, Subcontractors or Suppliers.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The 3.3.1. Contractor shall supervise and direct the Work, using the Contractor’s 's best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, for and have control over, over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architectdesign professional responsible for preparation of the related design, with Owner's concurrence to the extent required by the Contract Documents. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss loss, damage or damage arising solely from those injury directly attributable to the Owner-required means, methods, techniques, sequences or procedures’s election to not follow Contractor’s advice. 3.3.2 The 3.3.2. Subject to limitations provided in other portions of the Contract Documents, Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s 's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, for or on behalf of, the of Contractor or any of its Subcontractors. 3.3.3 The 3.3.3. 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. 3.3.4 Inspection . Contractor will not be responsible for the sufficiency of the progress, quantity, work performed by Owner or quality of the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Ownerseparate contractors.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 5.2.1. The Contractor shall supervise and direct the Work, using the Contractor’s its best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, and have control over, for all construction means, methods, techniques, sequences sequences, coordination, scheduling (subject to Article 8) and procedures procedures, for all cleanup and for coordinating all portions safety and weather precautions and programs, in connection with the Work. 5.2.2. The Contractor shall employ a competent Site Manager and necessary assistants who shall be in attendance at the Job Site during the progress of the Work under and who shall be satisfactory to the ContractOwner. The Contractor shall remove any of its employees or agents (including, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedureswithout limitation, the Contractor and Subcontractors shall evaluate Site Manager) from the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written Project upon instructions from the ArchitectOwner. If the Contractor is then instructed to proceed The Site Manager shall not be changed except with the required means, methods, techniques, sequences or procedures without acceptance consent of changes proposed by the Owner unless the Site Manager ceases to be in the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures's employ. 3.3.2 5.2.3. The Contractor shall be responsible to the Owner for the acts and omissions of its employees. It shall also be responsible to the Contractor’s employees, Owner for the acts and omissions of its Subcontractors and Sub-subcontractors, their agents and employees, and other persons or entities performing portions any of the Work, in the same manner as if they were the acts and omissions of persons directly employed by the Contractor. 5.2.4. The Contractor shall not be relieved of its obligations to perform the Work forin accordance with the AGREEMENT either by the activities or duties of the Owner in its administration of the Contract, including, without limitation, by any inspections or tests required or performed under Paragraph 5.7., or on behalf ofby approvals or other similar action with regard to shop drawings or submittal (of any type), or by the activities of persons other than the Contractor with respect to the Project. Further, notwithstanding the fact that a dispute, controversy or other question may have arisen between the parties hereto relating to the execution or progress of the Work, the interpretation of the documents comprising the AGREEMENT, the payment of any monies, the delivery of any materials or any other matter whatsoever, the Contractor or any of its Subcontractors. 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. 3.3.4 Inspection of the progress, quantity, or quality of the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any be relieved of its obligations to pursue the Work diligently under the Contract Documents nor give rise to any duty on AGREEMENT pending the part determination of the Ownersuch dispute, controversy or other question.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences sequences, procedures, safety precautions and procedures programs in connection with the Work, and for coordinating all portions of the Work under the Contract, ; unless otherwise noted or specified in the Contract Documents give other specific instructions concerning these mattersDocuments. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. 3.3.2 The Contractor shall be responsible to the Owner AOC for acts and omissions of the Contractor’s 's employees, Subcontractors Subcontractors, Sub-subcontractors or material suppliers and their agents and employees, and other persons or entities performing portions of the Work forunder a contract with the Contractor. Subcontractor Responsibility: The Contractor shall be responsible in all respects for the actions or inaction of all Subcontractors, Sub-subcontractors or material suppliers, at all tiers, regardless of whether they are a Disabled Veterans Business Enterprise (DVBE) firm or are stipulated suppliers or sole sourced. No Claim, request for equitable adjustment or Change Order request shall be submitted to the AOC for any action of any Subcontractor, Sub-subcontractor or material supplier, at any tier, unless the Contractor can demonstrate that the AOC is the proximate cause of the change or delay alleged in such request. The AOC will not accept any responsibility or liability for any action or inaction of any Subcontractor, Sub-subcontractor or material supplier, at any tier, except to the extent that the AOC is the proximate cause of the change or delay. The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents, either by activities or duties of the AOC, the AOC's administration of the Contract, or on behalf ofby tests, inspections or approvals required or performed by persons other than the Contractor or any of its Subcontractors. 3.3.3 Contractor. The Contractor shall be responsible for inspection inspections of portions of the Work already performed completed under the Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.4 Inspection work. If the Contractor determines that some work performed on the Project does not comply with the requirements of the progressContract Documents, quantitythe Contractor shall repair or replace such defective work at the Contractor's sole expense. Until Acceptance of the Work, the Contractor shall have the charge and care thereof, and shall bear risk of injury or quality damage to any part of the Work done by action of the elements (except for an Act of God, or natural disaster as proclaimed by the Owner, any Owner’s representative, any governmental agencyState or Federal Government), or the Architect, or from any inspector, shall not relieve the Contractor of any responsibility other reason except for the compliance such damages as are directly caused by acts of the Work with Federal or State Government and the Contract Documents. The Owner or its approved representative (heretofore referred to public enemy, except as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Ownerprovided in Paragraph 8.5.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 A. The Contractor shall supervise and direct the WorkWork using its best efforts, using the Contractor’s best skill skills and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, and shall have full control over, and charge of construction means, methods, techniques, sequences and procedures procedures, and for coordinating all portions of the Work under the Contract, unless including the work of Subcontractors, Sub-subcontractors, Suppliers and all other persons performing a portion of the work. The Contractor shall not be relieved from its obligation to perform the Work in accordance with the Contract Documents give other specific instructions concerning these matters. If either by the Contract Documents give specific instructions concerning construction meansactivities of the Engineer or by reason of inspections, methodstests, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible approvals required or performed by or for the jobsite safety of such means, methods, techniques, sequences Engineer. The Contractor is for all purposes an independent contractor and not an agent or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion employee of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or proceduresPort. 3.3.2 B. The Contractor shall be fully responsible to the Owner Port for the acts and or omissions of the Contractor’s its employees, Subcontractors agents, Subcontractors, Sub-subcontractors, Suppliers and their agents and employees, and all other persons who are to perform any of the Work. C. The Contractor shall keep a competent Project Manager or entities performing portions Superintendent at the site of the Work forcontinuously during its progress. The Project Manager or Superintendent shall not be replaced without prior written notice to and approval by the Port. The Project Manager and Superintendent shall be experienced, capable of understanding and familiar with the Work and able to properly supervise performance of the Work. The Project Manager or Superintendent shall be the Contractor's representative and shall have authority to act on behalf of and bind the Contractor with respect to this Contract, except that the Contractor may indicate, in writing, limits on the authority of the Project Manager or Superintendent. Communications or notices directed or given to the Project Manager or superintendent shall be as binding as if given to the Contractor. The Port may require the Contractor to remove the Project Manager, Superintendent, or on behalf ofany other employee from the Site in the event such person fails to uphold or meet the requirements of the Contract, the Contractor including without limitation, compliance with non-discrimination laws and regulations, or any of its Subcontractors. 3.3.3 The Contractor fails to perform in a competent, qualified, safe or professional manner. Incompetent, careless, or negligent workers shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.3.4 Inspection of immediately removed from the progress, quantity, or quality performance of the Work done by the Owner, Contractor upon written request of the Engineer. Failure by the Port to require the Contractor to remove any Owner’s representative, any governmental agency, or the Architect, or any inspector, personnel shall not relieve the Contractor of any responsibility for the compliance of the Work with the its Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Ownerobligations.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The (a) Contractor shall supervise and direct the Work, using the Contractor’s best skill and attentionattention as with similar projects. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely fully responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite Job shall be fully and solely Site safety thereof and, except as stated belowherein, shall be fully and solely responsible for the jobsite Job Site safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely rchitect and shall not proce written notice to the Owner HFC, Project Manager, and Architect and shall not proceed A ed with that portion of the Work without further written instructions from the ArchitectArchitect and Project Manager. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner HFC shall be solely responsible for any loss or damage arising solely to the extent caused from those OwnerHFC-required means, methods, techniques, sequences or procedures. 3.3.2 The (b) Contractor shall be responsible for any damage to or destruction of the Owner for property of any Separate Contractor or any other third party caused by the acts and or omissions of the Contractor’s employees, Subcontractors and their respective agents and employees, and other persons or entities performing portions of the Work for, for or on behalf of, the of Contractor or any of its Subcontractors.. Contractor shall Site caused in promptly remedy damage and loss to property at the whole or in part by any of the Contractor Parties or by anyone for whose acts they may be liable, except for damage or loss attributable solely to acts or omissions of HFC or Architect or by anyone for whose acts either of them the fault or negligence of any may be liable and not attributable to of the Contractor Parties. The foregoing obligations provisions hereunder. of the Contractor are in addition to Contractor’s obligations under other 3.3.3 The (c) 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; however, under no circumstances shall Contractor be responsible or liable for any costs, damages or liabilities arising from Separate Contractors work. 3.3.4 Inspection of the progress, quantity, or quality of the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Owner.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s 's best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, for and have control over, over construction means, methods, techniques, sequences and procedures procedures, and for coordinating all portions of the Work under the ContractAgreement, including coordination of the duties of all trades, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s 's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, under a contract with the Contractor or any of its SubcontractorsContractor. 3.3.3 The Contractor shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under the Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.4 Inspection 3.3.5 If the Contractor knows or reasonably should know, as a competent and experienced general contractor, but without imposing an architect's or engineer's responsibilities (subject, however, to the provisions of Paragraph 4.3 of the progressAgreement), quantity, or quality that any of the Work done is required to be inspected or approved by the Owner, any Owner’s representative, any governmental agencypublic authority, or the Architect, if Owner or Architect requires that any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work with be inspected or approved, then the Contract Documents. The Owner Contractor shall cause such inspection or its approved representative (heretofore referred approval to as Owner’s representative) shall have access to the worksite and all Workbe performed. No supervision inspection performed or inspection failed to be performed by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative Owner hereunder shall relieve the Contractor be a waiver of any of the Contractor's obligations hereunder, or be construed as an approval or acceptance of the Work or any part thereof. 3.3.6 The Contractor acknowledges that it is the Contractor's responsibility to hire all personnel for the proper and diligent prosecution of the Work, and the Contractor shall use its obligations under best efforts to maintain labor peace for the Contract Documents nor give rise duration of the Project. In the event of a labor dispute within the General Conditions January 10, 1996 Page 10 55 Contractor's control, the Contractor shall not be entitled to any duty on increase in the part of the OwnerGuaranteed Maximum Price.

SUPERVISION AND CONSTRUCTION PROCEDURES. § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences sequences, and procedures procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences sequences, or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, and shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect Architect, and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required propose alternative means, methods, techniques, sequences sequences, or procedures without acceptance of changes procedures. The Architect shall evaluate the proposed by alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the Owner Contractor shall be solely responsible for any loss or damage arising solely from those Owner-required perform the Work using its alternative means, methods, techniques, sequences sequences, or procedures. § 3.3.1.1 The Contractor shall engage Workers who are skilled in performing the Work, and all Work shall be performed with care and skill and in a workmanlike manner under the full-time supervision of an approved xxxxxxx. The Contractor shall be liable for all property damage caused by Contractor or any of its subcontractors, including repairs and replacements of the Work and other direct damages which proximately result from the breach of this duty. Further, the Contractor shall advise the Owner and Architect: (a) if it determines that a specified product deviates from good construction practices; (b) if it determines that following the Specifications will adversely affect any warranties; and (c) of any objections which the Contractor may have discovered with respect to the Specifications. § 3.3.2 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 of, the Contractor or any of its Subcontractors. § 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. 3.3.4 Inspection of the progress, quantity, or quality of the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Owner.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The 4.3.1 Contractor shall supervise cause the Project to be constructed and direct the Workshall provide competent supervision, using the Contractor’s best skill coordination, and attentionrelated services accordingly. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, and have control over, for all construction means, methods, techniques, sequences sequences, and procedures and for coordinating all portions of the Work. Contractor shall engage workers who are skilled in performing the Work, and all Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully performed with care and solely responsible for the jobsite safety of such means, methods, techniques, sequences or proceduresskill and in a good workmanlike manner. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice be liable for all property damage, including repairs and replacements of the Work and economic losses, which proximately result from the breach of this duty. Neither Contractor nor any entity that owns any of the equity interests of Contractor (nor any entity in which Contractor or any such equity interest owner has a greater than 5% ownership interest) shall serve as a Subcontractor with respect to the Owner and Architect and shall not proceed with that any portion of the Work without further written unless such equity ownership interest has been disclosed to and approved by the Contracting Officer. 4.3.2 Contractor shall be responsible to Owner for the acts and omissions of Contractor’s employees. Contractor shall be as fully responsible to Owner for the acts and omissions of its Subcontractors, their agents, and persons directly or indirectly employed by them, and other persons performing any of the Work as it is for the acts and omissions of persons directly employed by Contractor. 4.3.3 Contractor shall not be relieved from its obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Contracting Officer in their administration of the Contract Documents, or by inspections, tests or approvals required or performed by persons other than Contractor. No inspection performed or failed to be performed by Owner hereunder shall be a waiver of any of Contractor’s obligations hereunder or be construed as an approval or acceptance of the Work or any part thereof. 4.3.4 Contractor shall attend meetings scheduled by the Contracting Officer to discuss such matters as procedures, progress, problems, scheduling, and safety. 4.3.5 Contractor shall always provide a Project Manager, approved by the Contracting Officer, who will (i) have full responsibility for the prosecution of the Work, (ii) act as agent and be a single point of contact in all matters on behalf of Contractor, (iii) be always present (or their approved designee will always be present) at the Project site when the Work is performed, and (iv) be available to execute instructions from the ArchitectContracting Officer. 4.3.6 Contractor shall maintain daily field reports recording the labor force and equipment employed by Contractor and Subcontractors, materials and equipment received at the Project site or another location, visits by Suppliers, significant progress in the Work and completed trade Work within the major Work areas, and other pertinent information. Daily field reports shall be furnished by Contractor promptly upon request by the Contracting Officer. The Contracting Officer’s review of any daily field report shall not be construed as an agreement with any information contained in such report. 4.3.7 Contractor shall maintain at the Project site one record copy of the Construction Documents in good order and annotated in a neat and legible manner using a contrasting, reproducible color to show (i) all revisions made, (ii) dimensions noted during the execution of the Work, (iii) all deviations between the as-built installation and the Construction Documents, (iv) all approved Submittals, and (v) all clarifications and interpretations. 4.3.8 The right of possession of the premises and the improvements made thereon by Contractor shall always remain in Owner. Contractor’s right to entry and use of the premises arises solely from the permission granted by Owner under the Contract Documents. Unless otherwise provided in the Contract Documents, all entrances to all buildings and areas of the Project site that are occupied by Owner shall always be provided with safe, secure, and convenient access. 4.3.9 If the Work involves modifications to and/or expansion of an existing occupied and/or operating facility, Owner will continue its operation of the facility in which the Work is to be performed and Contractor shall conduct the Work to cause a minimum of interference with Owner’s operations. The welfare of Owner’s employees, guests and invitees is always to be considered. If the Work involves modifications to and/or expansion of an existing occupied and/or operating facility, all shutdowns/outages of building systems, utilities and equipment shall be approved in advance by the Contracting Officer. Contractor is then instructed shall provide the Contracting Officer with reasonable prior notice of any required shutdowns of building systems, utilities and/or equipment, such amount of prior notice to proceed be agreed upon between Contractor and the Contracting Officer. Contractor will, at the request of the Contracting Officer, schedule any Work which otherwise may have an adverse impact upon the health, safety, or welfare of Owner’s employees, guests or invitees or the normal facility operations during those times in which such adverse consequences may be minimized and there shall be no increase in the Contract Price because of such scheduling. 4.3.10 Contractor shall retain a competent registered professional engineer or registered land surveyor, acceptable to the Contracting Officer, who shall establish the exterior lines and required elevations of all buildings and structures to be erected on the Project site and shall establish sufficient lines and grades for the construction of the associated Work. Contractor shall certify as to the actual location of the constructed facilities in relation to property lines, building lines, easements, and other restrictive boundaries. Contractor shall establish the building grades, lines, levels, column, wall, and partition lines required by the various Subcontractors in laying out their work. 4.3.11 Contractor shall conduct, oversee and/or manage the construction of the Project in accordance with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed final Construction Documents approved in writing by the Contractor, the Owner Contracting Officer. Contractor shall be solely responsible for any loss or damage arising solely from those Owner-required meansand have control over the fabrication, methodsdelivery, techniquessequences, sequences or procedures. 3.3.2 The Contractor , and site safety, and shall be solely 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 coordinating all portions of the Work forWork, or on behalf ofsubject, the Contractor or any of its Subcontractors. 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed however, to determine that such portions are all requirements contained in proper condition to receive subsequent Work. 3.3.4 Inspection of the progress, quantity, or quality of the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) Contractor shall have access to the worksite be liable for all property damage, including repairs and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part replacements of the OwnerWork and economic losses, which proximately result from the breach of this duty.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s 's best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, for and have control over, over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s 's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work forunder a contract or other arrangement with the Contractor. It is understood and agreed that the relationship of Contractor to Owner shall be that of an independent Contractor. Nothing contained herein or inferable herefrom shall be deemed or construed to (1) make Contractor the agent, servant or employee of the Owner, or on behalf of(2) create any partnership, joint venture, or other association between Owner and Contractor. Any direction or instruction by Owner in respect of the Contractor or any of its SubcontractorsWork shall relate to the results the Owner desires to obtain from the Work, and shall in no way affect Contractor's independent contractor status as described herein. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect, Development Manager or Owner in their [Architect's] administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.4 Inspection 3.3.5 The Contractor has the responsibility to ensure that all material suppliers and Subcontractors, their agents, and employees adhere to the Contract Documents, and that they order materials on time, taking into account the current market and delivery conditions and that they provide materials on time. The Contractor shall coordinate its Work with that of all others on the progressProject including deliveries, quantitystorage, or quality installations, and construction utilities. The Contractor shall be responsible for the space requirements, locations, and routing of its equipment. In areas and locations where the Work done proper and most effective space requirements, locations, and routing cannot be made as indicated, the Contractor shall meet with all others involved, before installation, to plan the most effective and efficient method of overall installation. 3.3.6 The services to be performed under this Agreement shall be performed by the Contractor's own staff, unless otherwise authorized by the Owner. The employment of, any Owner’s representative, any governmental agencycontract with, or use of the Architect, services of any other person or any inspectorfirm by the Contractor (except with respect to Subcontractors discussed elsewhere in the Contract) as consultant or otherwise, shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access be subject to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part prior written approval of the Owner. Such approval shall not be construed as constituting an agreement between the Owner and any such person or firm.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 4.4.1 The Contractor shall supervise and direct the Work, using the Contractor’s his best skill skill, attention and attentionjudgment. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor He shall be solely responsible for, and have control over, for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, All Work performed hereunder shall be fully in a skillful and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or proceduresworkmanlike manner. 3.3.2 4.4.2 The Contractor shall be responsible to the Owner for acts at all times during regular work days maintain an adequate management and omissions supervisory staff of the Contractor’s employees, Subcontractors and their agents and employeescompetent persons, and other persons or entities performing portions an adequate and competent supply of workmen and material necessary to carry out the Work for, or on behalf of, the Contractor or any of its Subcontractors. 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed and agrees further to determine that such portions are in proper condition to receive subsequent Work. 3.3.4 Inspection of the progress, quantity, or quality of complete the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work in an expeditious and efficient manner consistent with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part best interest of the Owner. 4.4.3 The Contractor shall not be relieved of his obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Owner, his consultants, or the Architect in his administration of the Contract, or by inspections, tests or approvals required or performed by persons other than the Contractor. 4.4.4 The Contractor's Project Superintendent and necessary assistants and staff shall devote full-time attention to this Project and shall maintain an office on the Property. Such personnel shall direct, coordinate and supervise all work under this Agreement and shall inspect all materials delivered to the Project. 4.4.5 The Contractor's Project Manager and Project Superintendent shall be designated to Owner in writing prior to commencement of Work. Contractor shall not change such designations thereafter without prior written notice to Owner and Owner's consent, unless the designated person ceases to be employed by Contractor. The Owner may, by written notice to Contractor, object to any person or persons designated by Contractor, originally or subsequently, as Project Manager or Superintendent, whom Owner deems objectionable within its reasonable discretion. Upon such notice of objection, Contractor shall promptly submit an alternative designation reasonably acceptable to the Owner.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The Contractor 3.7.1 Landlord shall construct the Work. Construction services shall be performed by qualified personnel of Landlord and by qualified Subcontractors, Sub-subcontractors and suppliers under the direction and control of Landlord, and for whom Landlord shall be responsible. Landlord shall supervise and direct the Work, Work using the Contractor’s its best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor It shall be solely responsible for, and have control over, for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or proceduresDocuments. 3.3.2 The Contractor 3.7.2 Landlord shall be responsible to Tenant for the Owner acts and omissions of Landlord and Landlord's agents and employees. Landlord shall defend, indemnify and hold harmless Tenant, the TSR and Tenant's agents and employees from any claims, damages, losses, costs and expenses (including attorneys' fees) arising out of, caused by, or incurred in connection with such acts or omissions. Landlord further agrees to obtain, maintain, and pay for such general liability insurance coverage and endorsements as will insure the provisions of this subparagraph. 3.7.3 Landlord shall be responsible for the acts and omissions of the Contractor’s employees, Subcontractors and Sub-subcontractors, their agents and employees, anyone acting on behalf of any of them, and any other persons performing any of the Work directly or indirectly under a contract with Landlord including design professionals, and their consultants. Landlord shall defend, indemnify and hold harmless Tenant, the TSR and Tenant's agents and employees from any claims, damages, losses, costs and expenses (including attorneys' fees) arising out of, caused by, or incurred in connection with such acts or omissions. Landlord further agrees to obtain, maintain, and pay for such general liability insurance coverage and endorsements as will insure the provisions of this paragraph. 3.7.4 Landlord shall at all times enforce strict discipline and good order among its employees and other persons or entities performing portions of the Work for, and shall not employ or on behalf of, permit the Contractor employment of unfit persons or any of its Subcontractorspersons not skilled in the task assigned to them. 3.3.3 The Contractor 3.7.5 Landlord shall not be responsible for inspection of portions of Work already performed relieved from its obligations to determine that such portions are in proper condition to receive subsequent Work. 3.3.4 Inspection of the progress, quantity, or quality of perform the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work in accordance with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection Documents either by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part activities or duties of the Ownerrepresentatives of Tenant, or by inspections, tests or approvals required or performed by persons other than Landlord.

SUPERVISION AND CONSTRUCTION PROCEDURES. § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences sequences, and procedures procedures, and for coordinating all portions of the Work under the Contract, unless . The Contractor shall review any such specific instructions and any construction or installation procedure specified in the Contract Documents give other specific instructions concerning these mattersDocuments, shall advise the Architect if following the instruction or procedure will affect any warranties. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences sequences, or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect the Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. Contractor shall not proceed with that portion of the Work without further written instructions from the Owner or the Architect. If The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the Contractor is then instructed to proceed with shall perform the required Work using its alternative means, methods, techniques, sequences sequences, or procedures procedures. The Contractor shall perform no portion of the Work without acceptance Contract Documents, or, where required, approved Shop Drawings, Product Data or Samples for such portion of changes proposed the Work, unless authorized to do so by written instructions of the Owner. Where specific instructions are given in a Contract Document, the Contractor shall review the instructions, including those of manufacturers, and promptly notify the Architect and the Owner in writing if the specified instruction or procedure deviates from accepted construction practice, or normal procedure, or will affect warranties, or other responsibilities of the Contractor. The Contractor’s notification shall include reasonable alternatives that the Contractor, exercising Professional judgment, believes will accomplish the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or proceduresoriginal intent of the Contract Documents. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors at any tier, design professionals performing services on behalf of the Contractor or Subcontractors, and their respective agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its SubcontractorsSubcontractors at any tier. The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in its administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. § 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. Under no conditions shall a section of Work proceed prior to preparatory work having been completed, cured, dried and otherwise made satisfactory to receive the related work. Responsibility for timely installation of all materials and equipment rests solely with the Contractor, who shall maintain coordination control at all times. § 3.3.4 Inspection Prior to the commencement of construction, the Contractor shall prepare and obtain the Owner’s approval of a construction site management plan, which will take into account requirements contained in the Specifications, and the Owner’s requirements and restrictions concerning access and parking for construction personnel, staging areas and material delivery times, traffic flow requirements of the progressOwner and local governmental authorities, quantityand work hours, or among other things. § 3.3.5 The Contractor shall perform such detailed examination, inspection and quality surveillance of the Work done as will ensure that the Work is progressing and is being completed in strict accordance with the Contract Documents, including the latest issue of the Drawings and Specifications. The Contractor shall be responsible for examination, inspection and quality surveillance of all Work performed by any Subcontractor, and for each Subcontractors’ performance of such Work itself. The Contractor shall determine when it is necessary to perform and shall perform, or arrange for the performance of, tests (in addition to those requested by the Owner, any Owner’s representative, any governmental agency, Owner or required by the Architect, Specifications or any inspector, shall not relieve the Contractor of any responsibility for the compliance other provision of the Contract Documents) to verify its inspections or to ensure that the Work is being completed in strict accordance with the Contract Documents. The Owner If any of the Work is required to be inspected or its approved representative (heretofore referred by any public authority, Contractor shall cause such inspection or approval to as Owner’s representative) shall have access to the worksite and all Workbe performed. No supervision inspection performed or inspection failed to be performed by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative Owner hereunder shall relieve the Contractor be a waiver of any of its Contractor’s obligations under hereunder. § 3.3.6 The Contractor shall plan and lay out all Work in advance of operations so as to coordinate all work without delay or revision. The Contractor shall establish and maintain existing lot lines, restrictions, and bench marks. The Contractor shall establish and maintain all other grades, lines, levels and bench marks necessary for the Contract Documents nor give rise execution of the Work and take necessary steps to any duty prevent their dislocation or destruction. For new building construction or additions, the Contractor shall employ a professional land surveyor registered in the State of Oregon to establish building corners and floor elevations. The land surveyor shall also provide a stamped and signed drawing certifying the actual location of the building corners in reference to the lot lines and actual floor elevations as constructed. The Contractor shall report errors or inconsistencies to the Owner and the Architect before commencing Work and review placement of the improvements on the site with the Owner and the Architect after all lines are staked out and before foundation work is started. § 3.3.7 Should the Specifications and Drawings fail to particularly describe the material or kind of goods to be used in any place, or their method or integration into the Work, Contractor shall have the duty to make inquiry of the Owner and the Architect as to what is required prior to performance of the Work. Absent Specifications to the contrary, the material that would normally be used to produce finished Work shall be considered a part of the OwnerContract requirements. § 3.3.8 If any of the Work is required to be inspected or approved by any public authority, Contractor shall cause such inspection or approval to be performed. No inspection performed or failed to be performed by the Owner hereunder shall be a waiver of any of Contractor’s obligations hereunder. § 3.3.9 Contractor acknowledges that it is Contractor’s responsibility to hire all personnel for the proper and diligent prosecution of the Work, and Contractor shall use its best efforts to maintain labor peace by and/or among its employees and subcontractors for the duration of the project. In the event of a labor dispute related to this project, Contractor shall not be entitled to an increase in the Contract Sum or Contract Time if the dispute was caused by acts or omissions of Contractor, or Contractor’s agents, Subcontractors or Suppliers.

SUPERVISION AND CONSTRUCTION PROCEDURES. § 3.3.1 The Contractor shall supervise and direct the Work, Work in accordance with the Performance Expectations and using the Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences sequences, and procedures procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences sequences, or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, and shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner Owner, Tectonic and Architect Architect, and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractorcontractor, the Owner shall be solely responsible for any loss or damage arising solely from those Ownerowner-required means, methods, techniques, sequences or procedures. § 3.3.2 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 of, the Contractor or any of its Subcontractors. § 3.3.3 Before commencing its Work, and from time to time as the Work progresses, Contractor shall examine the work installed by others, insofar as it may affect Contractor’s Work, and shall promptly notify Owner, Tectonic and Architect in writing if any condition exists that will prevent Contractor from complying with the requirements of this Agreement. Should Contractor start its Work without such notification, Contractor shall be deemed to have accepted all preceding work. Further, if by any reason of such action, it is found necessary to reconstruct any part of its Work, Contractor shall remove and rebuild the same at its sole cost and expense. § 3.3.4 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. 3.3.4 Inspection § 3.3.5 Contractor, its employees, Subcontractors, suppliers, representatives, invitees and agents will be subject to such rules and regulations for the conduct of the progressWork as Owner may establish, quantity, or quality of the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the including those set forth in these subsections. Contractor of any responsibility will be responsible for the compliance with and strict enforcement among its employees and Subcontractors of Owner’s instructions and requirements, including no smoking on Owner’s premises, interfering with Owner’s operations, limitations on movement and use of Owner’s real and personal property and behaving in a courteous and respectful manner. Contractor shall be responsible for maintaining labor harmony among the workers and subcontractors engaged by or through Contractor for the Project. Although Contractor shall have no obligation to prevent any third party strike or jurisdictional dispute targeting the Project, Contractor shall not be entitled to any extension of the Work with Contract Time or increase in the Contract DocumentsSum as a result of any such strike or dispute. The Owner Contractor shall continue the Work in the event of any such strike or its approved representative (heretofore referred to as Owner’s representative) shall have access to dispute. § 3.3.6 Neither the worksite and all Work. No supervision or inspection by the Owner’s representative, Contractor nor the authority to act any Subcontractor nor any other actions taken by person employed at the Owner’s representative Project site shall relieve sell, use, permit or suffer intoxicating drink or illegal drugs upon or about the Project site, nor shall Contractor or any Subcontractor permit the playing of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Ownerunreasonably loud music.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 5.2.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions of attention necessary to complete the WorkWork in a workmanlike manner. The Contractor shall be solely responsible for, and have control over, for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contractcontract. The Owner shall have no control over, unless or responsibility for, any such matters. 5.2.2 Nothing contained in the Contract Documents give other specific instructions concerning these matters. If shall be interpreted by implication or otherwise as a direction by the Contract Documents give specific instructions concerning Owner to the Contractor as to construction means, methods, techniques, sequences or and procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of . If there is express reference to such means, methods, techniques, sequences or and procedures, it is solely for the purpose of insuring that the Work will be produced in accordance with the desired objectives as set forth in the Contract Documents but such express reference shall in no way relieve the Contractor of its responsibilities in connection therewith. If the Contractor determines that such does not wish to accept the responsibility for any means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures., 3.3.2 5.2.3 The Contractor shall be responsible to the Owner for the acts and omissions of the of 5.2.4 The Contractor shall not be relieved from Contractor’s employees, Subcontractors and their agents and employees, and other persons obligations to perform the Work in accordance with the Contract Documents by the use or entities performing portions occupancy of part of the Work forby the Owner as provided in Article 4.4, by the performance of Work related to the Project by others as provided in Article 7.1, or on behalf ofby inspections, tests or approvals required or performed under Article 5.2.5 The Contractor shall coordinate and supervise the Work performed by Subcontractors to the end that the Work is carried out without conflict between trades or jurisdictional disputes and so that no Subcontractor, at any time, causes delay to the general progress of the Work. The Contractor and all Subcontractors shall at all times afford each other Subcontractor, any separate contractor, and the Owner, every reasonable opportunity for the installation of the Work and the storage of materials, and shall provide access to and the use of necessary loading dock and hoist facilities, adequate storage room and necessary utilities and other services. 5.2.6 Wherever the work of a Subcontractor is dependent upon the work of other Subcontractors, or the Contractor, the Contractor or any shall require the Subcontractor to: 5.2.6.1 Coordinate Subcontractor’s work with the dependent work; 5.2.6.2 Provide necessary dependent data and requirements; 5.2.6.3 Supply and/or install items to be built into dependent work of its Subcontractors.others; 3.3.3 The Contractor shall be responsible 5.2.6.4 Make provisions for inspection dependent work of portions others; 5.2.6.5 Examine dependent drawings and specifications; 5.2.6.6 Examine previously placed dependent work; 5.2.6.7 Check and verify dependent dimensions of Work already performed to determine that such portions are in proper condition to receive subsequent Work.previously placed work; 3.3.4 Inspection of the progress, quantity, or quality of the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the 5.2.6.8 Notify Contractor of any responsibility for previously placed dependent work or dependent dimensions which are unsatisfactory or will prevent a satisfactory installation of Subcontractor’s work; and 5.2.6.9 Not proceed with work until the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall unsatisfactory dependent conditions have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Ownerbeen corrected.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The Contractor shall supervise and direct the Work, Work using the Contractor’s its best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, for and have control over, over all construction means, methods, techniques, sequences and procedures procedures, including without limiting the generality of the foregoing, all safety precautions and programs, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner or Architect as the case may be shall be solely responsible for any resulting loss or damage arising solely from those Owner-required damage. In no event shall the Contractor employ construction means, methods, techniquesprocedures and techniques that violate (1) requirements of any warranties applicable to the Work, sequences or procedures(2) laws, ordinances, regulations, rules and orders which bear upon the Contractor’s performance of the Work. 3.3.2 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, indirectly for or on behalf of, of the Contractor or any of its Subcontractors. 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. 3.3.4 Inspection The Contractor shall coordinate and supervise the Work performed by Subcontractors to the end that the Work is carried out without conflict between trades and so that no trade, as a result of improper coordination or supervision, causes delay to the general progress of the progressWork. The Contractor and all Subcontractors shall at all times afford each trade, quantityany separate contractor, or quality of the Work done by the Owner, any Owner’s every reasonable opportunity for the installation of Work, the storage of materials and the use of temporary hoists and elevators. 3.3.5 The Contractor shall arrange for and attend job meetings with the Owner and the Architect and such other persons as the Architect or Owner may from time to time wish to have present. The Contractor shall be represented by a principal, project manager, general superintendent or other authorized main office representative, as well as by the Contractor’s own superintendent. An authorized representative of any governmental agency, Subcontractor or sub- subcontractor shall attend such meetings if the representative’s presence is required by the Owner or the Architect, or any inspector, shall not relieve . Such representatives of the Contractor of any responsibility for and the compliance of the Work with the Contract DocumentsSubcontractors shall be empowered to make binding commitments on all matters to be discussed at such meetings, including costs, payments, change orders, time schedules and manpower. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations Any notice required under the Contract Documents nor give rise to any duty contract may be served on the part of the Ownersuch representatives.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 § 8.3.1 The Contractor shall supervise and direct the Work, Work using the Contractor’s best skill, effort and attention, in a good and workmanlike manner, and in all events that level of skill and attentionattention that other contractors in the city of Houston, Texas on jobs of similar pay and complexity would use. Subcontractors are The Contractor shall be solely responsible for directing their forces on their and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work. § 8.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and the Architect, the names of subcontractors or suppliers for each portion of the Work. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences not contract with any subcontractor or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice supplier to whom the Owner or Architect have made a timely and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or proceduresreasonable objection. 3.3.2 § 8.3.3 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s Contractor and its employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. It is understood and agreed that the relationship of Contractor to the Owner shall be that of an independent contractor. Nothing contained herein or inferred herefrom shall be deemed or construed to (1) make Contractor the agent, servant or employee of the Owner, or (2) create any partnership, joint venture or other association between the Owner and the Contractor. Any direction or instruction by the Owner in respect of the Work shall relate to the results the Owner desires to obtain from the work, and shall in no way affect Contractor’s independent contractor status as described herein. 3.3.3 § 8.3.4 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. 3.3.4 Inspection of the progress, quantity, or quality § 8.3.5 The Contractor shall maintain adequate supervision of the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, at all times. The Contractor shall not relieve the Contractor change supervision or a significant number of any responsibility for the compliance of personnel during the Work with without the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part written approval of the Owner. § 8.3.6 The Contractor shall provide on-site supervision to oversee Subcontractors at all times while they are within the Project job site. The Contractor shall be responsible for coordinating and directing the Subcontractors’ work to meet all the Project requirements. The Contractor has the responsibility to cause all material suppliers and Subcontractors and their agents and employees adhere to the Contract Documents, and that they order materials on time, taking into account the current market and delivery conditions, and that they provide materials on time. The Contractor shall coordinate its Work with that of all others on the Project, including deliveries, storage, installations and construction utilities. The Contractor shall be responsible for the space requirements, locations and routing of its equipment. In areas and locations where the proper and most effective space requirements, locations and routing cannot be made as indicated, the Contractor shall meet with all others involved, before installation, to plan the most effective and efficient method of overall installation.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 (a) The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, for and have control over, over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner City and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. 3.3.2 (b) The Contractor shall be responsible to the Owner City 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, for or on behalf of, of the Contractor or any of its Subcontractors. It is understood and agreed that the relationship of the Contractor to City shall be that of an independent contractor. Nothing contained herein or inferable herefrom shall be deemed or construed to (1) make Contractor the agent, servant or employee of the City, or (2) to create any partnership, joint venture, or other association between City and Contractor. Any direction or instruction by City or any of its authorized representatives in respect of the Work shall relate to the results the City desires to obtain from the Work, and shall in no way affect Contractor’s independent contractor status described herein. 3.3.3 (c) 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. 3.3.4 Inspection of the progress, quantity, or quality of (d) Contractor shall execute the Work done by in a good and workmanlike manner, continuously and diligently in accordance with generally accepted standards of construction management and practice for construction of projects similar to the OwnerProject, any Owner’s representativeContract No. ____________ XXXX- Construction 8.24.18 8 using qualified, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work careful and efficient workers and in conformity with the provisions of this Contract and the other Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Owner.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The 4.3.1 Contractor shall supervise cause the Project to be constructed and direct the Workshall provide competent supervision, using the Contractor’s best skill coordination, and attentionrelated services accordingly. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, and have control over, for all construction means, methods, techniques, sequences sequences, and procedures and for coordinating all portions of the Work. Contractor shall engage workers who are skilled in performing the Work, and all Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully performed with care and solely responsible for the jobsite safety of such means, methods, techniques, sequences or proceduresskill and in a good workmanlike manner. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice be liable for all property damage, including repairs and replacements of the Work and economic losses, which proximately result from the breach of this duty. Neither Contractor nor any entity that owns any of the equity interests of Contractor (nor any entity in which Contractor or any such equity interest owner has a greater than 5% ownership interest) shall serve as a Subcontractor with respect to the Owner and Architect and shall not proceed with that any portion of the Work without further written unless such equity ownership interest has been disclosed to and approved by the Contracting Officer. 4.3.2 Contractor shall be responsible to Owner for the acts and omissions of Contractor’s employees. Contractor shall be as fully responsible to Owner for the acts and omissions of its Subcontractors, their agents, and persons directly or indirectly employed by them, and other persons performing any of the Work as it is for the acts and omissions of persons directly employed by Contractor. 4.3.3 Contractor shall not be relieved from its obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Contracting Officer in their administration of the Contract Documents, or by inspections, tests or approvals required or performed by persons other than Contractor. No inspection performed or failed to be performed by Owner hereunder shall be a waiver of any of Contractor’s obligations hereunder or be construed as an approval or acceptance of the Work or any part thereof. 4.3.4 Contractor shall attend meetings scheduled by the Contracting Officer to discuss such matters as procedures, progress, problems, scheduling, and safety. 4.3.5 Contractor shall always provide a Project Manager, approved by the Contracting Officer, who will (i) have full responsibility for the prosecution of the Work, (ii) act as agent and be a single point of contact in all matters on behalf of Contractor, (iii) be always present (or their approved designee will always be present) at the Project site when the Work is performed, and (iv) be available to execute instructions and directions from the ArchitectContracting Officer. 4.3.6 Contractor shall maintain daily field reports recording the labor force and equipment employed by Contractor and Subcontractors, materials and equipment received at the Project site or another location, visits by Suppliers, significant progress in the Work and completed trade Work within the major Work areas, and other pertinent information. Daily field reports shall be furnished by Contractor promptly upon request by the Contracting Officer. The Contracting Officer’s review of any daily field report shall not be construed as an agreement with any information contained in such report. 4.3.7 Contractor shall maintain at the Project site one record copy of the Construction Documents in good order and annotated in a neat and legible manner using a contrasting, reproducible color to show (i) all revisions made, (ii) dimensions noted during the execution of the Work, (iii) all deviations between the as-built installation and the Construction Documents, (iv) all approved Submittals, and (v) all clarifications and interpretations. 4.3.8 The right of possession of the premises and the improvements made thereon by Contractor shall always remain in Owner. Contractor’s right to entry and use of the premises arises solely from the permission granted by Owner under the Contract Documents. Unless otherwise provided in the Contract Documents, all entrances to all buildings and areas of the Project site that are occupied by Owner shall always be provided with safe, secure, and convenient access. 4.3.9 If the Work involves modifications to and/or expansion of an existing occupied and/or operating facility, Owner will continue its operation of the facility in which the Work is to be performed and Contractor shall conduct the Work to cause a minimum of interference with Owner’s operations. The welfare of Owner’s employees, guests and invitees is always to be considered. If the Work involves modifications to and/or expansion of an existing occupied and/or operating facility, all shutdowns/outages of building systems, utilities and equipment shall be approved in advance by the Contracting Officer. Contractor is then instructed shall provide the Contracting Officer with reasonable prior notice of any required shutdowns of building systems, utilities and/or equipment, such amount of prior notice to proceed be agreed upon between Contractor and the Contracting Officer. Contractor will, at the request of the Contracting Officer, schedule any Work which otherwise may have an adverse impact upon the health, safety, or welfare of Owner’s employees, guests or invitees or the normal facility operations during those times in which such adverse consequences may be minimized and there shall be no increase in the Contract Price because of such scheduling. 4.3.10 Contractor shall retain a competent registered professional engineer or registered land surveyor, acceptable to the Contracting Officer, who shall establish the exterior lines and required elevations of all buildings and structures to be erected on the Project site and shall establish sufficient lines and grades for the construction of the associated Work. Contractor shall certify as to the actual location of the constructed facilities in relation to property lines, building lines, easements, and other restrictive boundaries. Contractor shall establish the building grades, lines, levels, column, wall, and partition lines required by the various Subcontractors in laying out their work. 4.3.11 Contractor shall conduct, oversee and/or manage the construction of the Project in accordance with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed final Construction Documents approved in writing by the Contractor, the Owner Contracting Officer. Contractor shall be solely responsible for any loss or damage arising solely from those Owner-required meansand have control over the fabrication, methodsdelivery, techniquessequences, sequences or procedures. 3.3.2 The Contractor , and site safety, and shall be solely 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 coordinating all portions of the Work forWork, or on behalf ofsubject, the Contractor or any of its Subcontractors. 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed however, to determine that such portions are all requirements contained in proper condition to receive subsequent Work. 3.3.4 Inspection of the progress, quantity, or quality of the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) Contractor shall have access to the worksite be liable for all property damage, including repairs and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part replacements of the OwnerWork and economic losses, which proximately result from the breach of this duty.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The Contractor shall supervise perform the Work in a good, careful and direct workmanlike manner, utilizing only properly trained and skilled workers and subcontractors who shall have a clear understanding of the requirements of the Contract Documents and exercise their best skill and attention in the performance of the Work, using all in strict conformance with the Contract Documents. 3.3.2 Neither the Project Manager nor the Owner will be responsible for, or have control and charge over the construction means, methods, techniques, sequences, procedures, safety precautions and programs employed in connection with the Work, nor will either the Project Manager or Owner be responsible for Contractor’s best skill and attentionor any subcontractor’s (of all tiers) failure to carry out the Work in strict accordance with the Contract Documents. Subcontractors are responsible for directing their forces on their portions of the Work. The Rather, Contractor shall be solely responsible for, and shall have exclusive control and charge over, the construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contractsequences, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, safety precautions and programs employed in connection with the Work, and Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion for its own, or any subcontractor’s (of all tiers), failure to carry out the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed in strict accordance with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner Contract Documents. 3.3.3 Contractor shall be solely responsible for the supervision of the Work, using its best skill and attention. Contractor shall provide adequate field supervision, and employ sufficient quality assurance measures, to ensure that the Work is performed in a good, careful and workmanlike manner, free from faults and defects, and in strict conformance with the Contract Documents. Contractor shall employ competent management and supervisory staff necessary to fulfill all of its obligations under the Contract Documents. A list of Contractor's Key Personnel (“Contractor’s Key Personnel”) is attached to the Agreement as Exhibit “E”. Contractor shall not re-assign any loss of the individuals listed as its Key Personnel without the Project Manager's written consent, which consent shall not be unreasonably withheld. Should the Project Manager or damage arising solely Owner determine, in their sole and absolute discretion and at any time during the Project, that any members of Contractor's Key Personnel are not qualified, or are not responsive to the needs of the Project, Contractor agrees to immediately remove said persons and replace them with more qualified and/or responsive personnel within twenty-four (24) hours. In no way will the Project Manager or Owner's approval or disapproval of Contractor’s Key Personnel relieve Contractor of any responsibilities for managing the Project or fulfilling any of its obligations under the Contract Documents. Contractor’s Project Superintendent and all necessary assistants shall be in attendance at the job site at all times during performance of the Work, and Contractor’s Project Manager and Project Superintendent shall be available to respond to inquiries from those Owner-required means, methods, techniques, sequences or proceduresthe Project Manager and Owner at all reasonable hours. 3.3.2 The 3.3.4 Contractor shall be fully responsible to the Owner for all acts and omissions of the Contractor’s employees, Subcontractors subcontractors (of all tiers) and their respective agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractorssubcontractors. Any employee of Contractor or any subcontractor (of all tiers) working on the Project who, in the opinion of the Project Manager or Owner, is not performing the work in a skillful manner, or who appears to be incompetent or disorderly shall, at the request of the Project Manager or Owner, be removed from the Project immediately. 3.3.3 The 3.3.5 Contractor shall not permit any person or entity to cover over, hide, or fail to disclose any defective, incomplete, inadequate, or nonconforming Work, whether performed by Contractor or any of its subcontractors (of all tiers), and shall immediately report any such conditions to the Project Manager in writing. If Contractor fails to comply with this provision, Contractor shall be responsible for inspection all damages arising from such conditions, and shall be estopped from asserting any such conditions are or were patently defective during the performance of portions of Work already performed to determine that such portions are in proper condition to receive subsequent the Work. 3.3.4 Inspection of the progress, quantity, or quality of the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Owner.

SUPERVISION AND CONSTRUCTION PROCEDURES. CANNOT BE USED FOR BIDDING. § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. § 3.3.2 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 of, the Contractor or any of its Subcontractors. § 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. 3.3.4 Inspection of the progress, quantity, or quality of the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Owner.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The XXXX Contractor shall supervise and direct the Work, using the XXXX Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The XXXX Contractor shall be solely responsible forfor job site safety, and have control over, over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the XXXX Contractor and Subcontractors shall evaluate the jobsite job site safety thereof and, except as stated below, and shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the XXXX Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the XXXX Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Owner and Architect. If the XXXX Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the XXXX Contractor, the Owner shall be solely responsible for any resulting loss or damage arising solely from those Owner-required means, methods, techniques, sequences or proceduresdamage. 3.3.2 The XXXX Contractor shall be responsible to the Owner for acts and omissions of the XXXX Contractor’s employees, Subcontractors SubContractors and their agents and employees, and other persons or entities performing portions of the Work for, for or on behalf of, of the XXXX Contractor or any of its SubcontractorsSubContractors. The XXXX Contractor shall supply sufficient and competent supervision and personnel, and sufficient material, plant, and equipment to prosecute the Work with diligence to ensure completion within the time specified in the Contract Documents. 3.3.3 The XXXX Contractor shall be represented at the site by a competent superintendent from the beginning of the Work, who shall not be reassigned until its final acceptance, unless permitted in writing by the Owner. The superintendent for the XXXX Contractor shall exercise general supervision over the Work and such superintendent shall have decision-making authority of the XXXX Contractor. 3.3.4 Communications given to the superintendent shall be binding as if given to the XXXX Contractor. These communications shall be provided in writing to the superintendent, with a copy to the XXXX Contractor. 3.3.5 The XXXX 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. 3.3.4 Inspection of the progress3.3.6 The XXXX Contractor’s scheduled outage/tie-in plan, quantitytime, or quality of the Work done and date is subject to approval by the Owner, any . Failure of XXXX Contractor to secure Owner’s representativeapproval shall cause the XXXX Contractor to waive any right to an adjustment of the Contract Sum or Contract Time for any postponement, any governmental agencyrescheduling or other delays ordered by Owner in connection with such Work. Owner’s approval shall not be unreasonably withheld. 3.3.7 The XXXX Contractor shall coordinate all Work so there shall be no prolonged interruption of existing utilities, systems and equipment of Owner. Any existing plumbing, heating, ventilating, air conditioning, or the Architectelectrical disconnection necessary, which affect portions of this construction or building or any inspectorother building, must be scheduled with the Owner to avoid any disruption of operation within the building under construction or other buildings or utilities. In no case shall utilities be left disconnected at the end of a workday or over a weekend. Any interruption of utilities, either intentionally or accidentally, shall not relieve the XXXX Contractor of any responsibility from repairing and restoring the utility to normal service. Repairs and restoration shall be made before the workers responsible for the compliance repair and restoration leave the job. 3.3.8 The XXXX Contractor shall be responsible for repair of damage to property caused by the XXXX Contractor on or off the project occurring during construction of the Work with the Contract Documents. The Owner project, and all such repairs shall be made to meet code requirements or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part satisfaction of the Owner.Owner if code is not applicable, if possible, given the availability of parts, equipment and

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The 3.2.1 Contractor shall perform and complete all Work in a professional and workmanlike manner, and in a manner reasonably satisfactory to Walmart. Contractor shall supervise and direct the Work, using the Contractor’s 's best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, for and have control over, over construction means, methods, techniques, sequences and procedures procedures, and for coordinating all portions of the Work under the this Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof andand other ramifications thereof, except as stated below, and shall be fully and solely responsible for the jobsite safety such means, methods, techniques, sequences or procedures unless, before proceeding with related Work, Contractor gives written notice to Walmart and Architect that Contractor objects to any of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences procedures as unsafe or procedures may not be safe, the Contractor shall give timely written notice to the Owner otherwise inappropriate and Architect and shall not proceed with that portion of the Work without further obtains written instructions from Architect with respect thereto. 3.2.2 Contractor shall not be relieved of its obligations to perform the Architect. If the Contractor is then instructed to proceed Work in accordance with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed Contract Documents by the activities or duties of Walmart, Architect or Walmart's Consultants in connection with the administration of this Contract, or by tests, inspections or approvals required or performed by persons other than Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. 3.3.2 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 of, the Contractor or any of its Subcontractors. 3.3.3 The 3.2.3 Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.4 Inspection of the progress, quantity, or quality of 3.2.4 Contractor shall perform the Work done by in compliance with the Owner, any Owner’s representative, any governmental agency, or requirements of Walmart's property insurance carrier. In the Architect, or any inspector, shall not relieve the Contractor event of any responsibility for conflict between the requirements of such carrier and any Contract Document, Contractor shall immediately notify Walmart. Thereafter, Contractor shall work diligently with Walmart and such carrier to resolve any such conflict so that the Work can be performed in compliance with the requirements of such insurance carrier. 3.2.5 Contractor shall coordinate performance of the Work with Walmart to minimize disruption to, and interference with, Xxxxxxx's operations and business due to performance of the Work. Time for performance, whether established by the Project Schedule or any other provision of the Contract Documents, shall be of the essence. The Owner Contractor agrees to undertake the Work subject to all conditions as they now exist or its approved representative may arise. Contractor shall indemnify, defend and hold Walmart harmless from any and all damages caused by delays of Contractor and shall reimburse Walmart for any such damage pursuant to paragraph 3.16 hereof. 3.2.6 If Contractor encounters any substances or conditions at the Project site that are or may be hazardous, including Hazardous Materials and/or Hazardous Waste, and Contractor's scope of Work does not include the disposal, removal or abatement of such substances conditions, then Contractor shall immediately: (heretofore referred 1) notify Walmart and Architect in writing; (2) comply with all applicable Compliance Laws; and (3) stop Work in the area. Work in the affected area shall not thereafter be resumed, except by written agreement of Walmart and Contractor, until any Hazardous Material or Hazardous Waste in fact present in the affected area has been disposed of, removed, abated or rendered harmless. 3.2.7 If Contractor fails to comply with any of the requirements contained in the immediately preceding paragraph, Contractor shall be liable to Walmart for all damages incurred by reason of such failure. If Contractor encounters any site conditions involving Hazardous Materials or Hazardous Waste that are not to be removed or abated as Owner’s representative) shall have access part of Contractor's scope of Work, and Contractor complies with the each of the requirements contained in the immediately preceding paragraph but is nevertheless held liable for the cost of remediation of such Hazardous Materials or Hazardous Waste solely by reason of performing Work as required by the Contract Documents, then Walmart will indemnify Contractor for such remediation cost but only to the worksite extent that such remediation is not required due to Contactor's actions or omissions. Notwithstanding any contrary provision, Contractor shall be responsible for any and all Work. No supervision Hazardous Materials brought to the site by Contractor or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Ownersubcontractors.

SUPERVISION AND CONSTRUCTION PROCEDURES. § 3.3.1 The Contractor shall supervise and direct the Work, using Work in accordance with the Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions of the WorkPerformance Expectations. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the ArchitectArchitect and Owner which are acceptable to the Contractor. If The Contractor acknowledges and agrees that the Contractor Owner is then instructed under no obligation to proceed with inspect the required Work or discover defects or deficiencies in the Work. The inspection, observation or acceptance of the Work by the Owner, the Architect or any consultants retained by Owner shall not in any way constitute an acceptance of defective or improper Work (unless specifically so stated by the Owner in writing) and shall not make the Owner, Architect or such consultants responsible for means, methods, techniques, sequences or procedures without acceptance techniques used to perform the Work, which items shall remain the sole responsibility of changes proposed by the Contractor. Similarly, the Owner failure of the Owner, Architect or any such consultants to discover or give notice of any defects, deficiencies or other problems in the Work shall be solely responsible for not constitute a waiver or acceptance thereof and shall not in any loss way affect or damage arising solely from those Owner-required means, methods, techniques, sequences or proceduresreduce the Contractor's responsibilities to perform the Work consistent with the terms of the Contract Documents. § 3.3.2 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 of, or under contract with, the Contractor or any of its Subcontractors. § 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. § 3.3.4 Inspection The Contractor shall be responsible to the Owner for any failure to perform this Contract. All Work shall be performed only by appropriately skilled personnel in sufficient numbers, trained and experienced, and familiar with the materials and methods indicated or specified, and all applicable codes, ordinances and industry standards applicable to the construction of the progressWork. § 3.3.5 Beginning with the commencement of the Work, quantitythe Contractor shall hold two (2) progress meetings at the Project Site each month, or quality at such other time and place as is acceptable to the Owner. At such meetings, the progress of the Work done shall be reported in detail with reference to the Project schedule, and all problems or other issues relating to the Work shall be discussed and resolved. Each Subcontractor then performing work on the Project shall have a competent representative available upon Owner's request at or prior to each weekly meeting to report on the condition of his work and to receive information regarding the performance of future work by the Subcontractor. If Contractor, in its reasonable judgment, determines additional progress meetings are necessary for the timely execution of the Work, Contractor may hold up to two (2) additional progress meetings at the Project Site each month, and may request the attendance of Owner, Architect, Owner's Representative and their respective consultants. The Contractor shall provide the Owner and Architect with at least three (3) days prior notice of any meeting held pursuant to this Section and shall allow the Owner and the Architect to attend and participate in each such meeting. The Contractor shall keep minutes of each meeting held pursuant to this Section and shall circulate the minutes of each meeting to the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite Architect and all Work. No supervision or inspection by Subcontractors (and other persons as may be appropriate) no later than five (5) working days after the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Ownermeeting is concluded.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s 's best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, for and have control over, over construction means, methods, techniques, sequences and procedures procedures, and for coordinating all portions of the Work under the Construction Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give Where other specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safeare provided, the Contractor shall give timely written notice (1) review any specified construction or installation procedure (including those recommended by the manufacturers); (2) advise the Architect if the specified procedure deviates from appropriate construction practices; (3) notify the Owner if following the procedure will affect any warranties, including the Contractor's general warranty; (4) promptly state any objections to the Owner and Architect and shall not proceed with that portion of the Work without further written specific instructions from provided by the Architect. If ; and (5) as appropriate, propose alternative procedures which the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedureswill warrant. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s 's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work forunder a contract with the Contractor. The relationship of Contractor to Owner shall be that of an independent contractor. Nothing contained in the Contract Documents or inferable therefrom shall be deemed or construed to (1) make Contractor the agent, servant or employee of the Owner, or on behalf of(2) create any partnership, joint venture or other association between Owner and Contractor. Any direction or instruction by Owner in respect of the Contractor or any of its SubcontractorsWork shall relate to the results the Owner desires to obtain from the Work, and shall in no way affect Contractor's independent contractor status as described herein. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, reports, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of all portions of Work already performed under this Agreement to determine that such portions are in proper condition to receive subsequent Work. 3.3.4 Inspection 3.3.5 The Contractor has the responsibility to ensure that all Subcontractors, suppliers and vendors, their agents and employees adhere to the Contract Documents, and that upon the Contractor's receipt of the progressDrawings, quantitySpecifications or written directions from the Owner or the Owner's Representative, or quality they will promptly order and provide Materials, taking into account the current market and delivery conditions. The Contractor shall coordinate its Work with that of all others on the Project, including deliveries, storage, staging, installation and construction utilities. The Contractor shall be responsible for the space requirements, locations and routing of equipment. In areas and locations where the proper and most effective space requirements, locations and routing cannot be made as indicated, the Contractor shall meet with all others involved, before installation, to plan the most effective and efficient method of overall installation, subject to review of the Owner and Architect. 3.3.6 The Contractor shall establish and maintain bench marks and all other grades, lines and levels necessary for the Work done by and shown on the Contract Documents, and shall report any observed errors or inconsistencies to the Owner and Architect before commencing Work, and review the placement of the building and permanent facilities on the site with the Owner and Architect after all lines are staked out and before foundation Work is started. Contractor shall provide access to the Work for the Owner, any Owner’s representative, any governmental agency, or the Architect, other persons designated by Owner, and governmental inspectors. Any encroachments made by Contractor or any inspectorits Subcontractors on adjacent properties due to construction as revealed by an accurate survey, except for encroachments arising from errors or omissions not reasonably discoverable by Contractor, shall not relieve be the Contractor of any sole responsibility for the compliance of the Work Contractor, and Contractor shall, at Contractor's sole cost and expense, correct such encroachments within thirty (30) days after delivery of such survey (or as soon thereafter as reasonably possible), either by the removal of the encroachment (and subsequent reconstruction on the Project site) or agreement with the Contract Documents. The adjacent property owner(s) (in form and substance satisfactory to Owner or in its approved representative (heretofore referred sole discretion) allowing the encroachments to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Ownerremain.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The 3.3.1. Contractor shall supervise supervise, inspect and direct the WorkWork competently and efficiently, using exercising the Contractor’s best skill and attentionattention of a reasonably prudent Contractor, devoting such attention and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Subcontractors are Contractor solely shall be responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and sequences, procedures and for coordinating coordination of all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, methods and/or techniques, sequences or procedures, the Contractor and Subcontractors then shall evaluate the jobsite safety thereof and, except as stated herein below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the If, upon its evaluation, Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner XXXX COUNTY and Architect Design Consultant and Contractor shall not proceed with that portion of the Work without further written instructions from the ArchitectXXXX COUNTY. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or Sequencing and procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required meanscoordinated and agreed upon by XXXX COUNTY, methods, techniques, sequences or proceduresDesign Consultant and Contractor. 3.3.2 The 3.3.2. Contractor shall be responsible to XXXX COUNTY for the Owner for acts and omissions of the Contractor’s agents and employees, Subcontractors and their agents and employees, employees and other persons or entities performing portions of the Work for, for or on behalf of, the of Contractor or any of its Subcontractors. 3.3.3 The 3.3.3. Contractor shall be responsible for inspection of portions of Work already performed performed, to determine that which such portions portion are in proper condition to receive subsequent Work. 3.3.4 Inspection 3.3.4. Contractor shall bear responsibility for design and execution of acceptable trenching and shoring procedures, in accordance with Texas Government Code, Section 2166.303 and Texas Health and Safety Code, Subchapter C, Sections 756.021, et seq. 3.3.5. It is understood and agreed the relationship of Contractor to XXXX COUNTY shall be of an independent contractor. Nothing contained or inferable in the Contract documents shall be read, deemed or construed to make Contractor the agent, servant or employee of XXXX COUNTY or create any partnership, joint venture or other association between XXXX COUNTY and Contractor. Any direction or instruction by XXXX COUNTY, in respect of the progressWork, quantityshall relate to the results XXXX COUNTY desires to obtain from the Work and shall in no way affect Contractor's independent contractor status, or quality as described herein. 3.3.6. Contractor shall review Subcontractor(s) written safety programs, procedures and precautions in connection with performance of the Work done by the OwnerWork. However, any Owner’s representative, any governmental agency, or the Architect, or any inspector, Contractor's duties shall not relieve any Subcontractor(s) or any other person or entity (e.g. a supplier), including any person or entity with whom Contractor does not have a contractual relationship, of their responsibility or liability relative to compliance with all applicable federal, state and local laws, rules, regulations and ordinances, which shall include the Contractor of any responsibility obligation to provide for the compliance safety of the Work with the Contract Documentstheir employees, persons, and property and their requirements to maintain a work environment free of recognized hazards. The Owner foregoing notwithstanding, the requirements of this Section 3.3.6 are not intended to impose upon Contractor any additional obligations Contractor would not have under any applicable state or its approved representative (heretofore referred to as Owner’s representative) shall have access federal laws including, but not limited to, any rules, regulations or statutes pertaining to the worksite Occupational Safety and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the OwnerHealth Administration.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, for and have control over, over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall review, substantiate, and Subcontractors shall comply with current industry execution standards and manufacturer’s current execution instructions and evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s 's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, under a contract with the Contractor or any of its SubcontractorsContractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.4 Inspection 3.3.5 Contractor is solely responsible for coordination of scope of Work for its own forces, and of Subcontractors and suppliers, and to complete all Work, whether performed by the progress, quantity, Contractor or quality a Subcontractor. 3.3.6 The Contractor shall provide a full–time Project Superintendent with a minimum of five years of similar construction experience. Superintendent shall be approved by Architect and permanently assigned to project until full completion of project. 3.3.7 The Contractor shall employ Licensed Surveyor to locate and stake out the Work done by the Ownerand establish necessary reference and bench marks. Work from established bench marks and reference points, any Owner’s representativelayout and correctly establish all lines, any governmental agencylevels, or the Architect, or any inspector, shall not relieve the Contractor grades and locations of any responsibility all parts of their own Work and be responsible for the compliance of the their accuracy and proper correlation with Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Ownerestablished data.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The (a) Contractor shall supervise and direct the Work, using the Contractor’s best skill and attentionattention as with similar projects. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely fully responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite Job Site safety thereof and, except as stated belowherein, shall be fully and solely responsible for the jobsite Job Site safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner HFC, Project Manager, and Architect and shall not proceed with that portion of the Work without further written instructions from the ArchitectArchitect and Project Manager. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner HFC shall be solely responsible for any loss or damage arising solely to the extent caused from those OwnerHFC-required means, methods, techniques, sequences or procedures. 3.3.2 The (b) Contractor shall be responsible for any damage to or destruction of the Owner for property of any Separate Contractor or any other third party caused by the acts and or omissions of the Contractor’s employees, Subcontractors and their respective agents and employees, and other persons or entities performing portions of the Work for, for or on behalf of, the of Contractor or any of its Subcontractors. Contractor shall promptly remedy damage and loss to property at the Site caused in whole or in part by any of the Contractor Parties or by anyone for whose acts they may be liable, except for damage or loss attributable solely to acts or omissions of HFC or Architect or by anyone for whose acts either of them may be liable and not attributable to the fault or negligence of any of the Contractor Parties. The foregoing obligations of the Contractor are in addition to Contractor’s obligations under other provisions hereunder. 3.3.3 The (c) 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; however, under no circumstances shall Contractor be responsible or liable for any costs, damages or liabilities arising from Separate Contractors work. 3.3.4 Inspection of the progress, quantity, or quality of the Work done by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documents. The Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under the Contract Documents nor give rise to any duty on the part of the Owner.

SUPERVISION AND CONSTRUCTION PROCEDURES. 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s 's best skill and attention. Subcontractors are responsible for directing their forces on their portions of the Work. The Contractor shall be solely responsible for, for and have control over, over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, Contract unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor and Subcontractors shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s 's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work forunder a contract with the Contractor. As part of that responsibility, Contractor shall enforce the Owner’s alcohol-free, drug-free, harassment-free and weapon-free policies and zones, which will require compliance with those policies and zones by Contractor’s employees, subcontractors, and all other persons carrying out the Contract. Contractor shall require all construction workers, whether Contractor’s own forces or forces of Contractor’s subcontractors, while on Owner’s property, to refrain from committing any criminal conduct, possessing or drinking alcoholic beverages, possessing or using illegal drugs or any controlled substances, carrying weapons, speaking profane and/or offensive language, or engaging in any inappropriate interactions of any nature whatsoever with students and employees, including talking, touching, staring or otherwise contributing to a hostile or offensive environment for Owner’s students and employees. All areas of campus, other than the defined construction areas, shall be off limits to Contractor’s forces, unless the work assignment specifies otherwise. Failure of an individual to adhere to these standards of conduct shall result in the immediate removal of the offending employee from all construction on behalf of, the Contractor or any of its SubcontractorsOwner’s property. Repeated removal of Contractor’s or Contractor’s subcontractor’s forces, or one serious infraction, shall constitute a substantial breach of the Agreement justifying the immediate termination by Owner pursuant to Article 14. 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. The Contractor shall properly and efficiently coordinate the timing, scheduling and routing of all Work performed by all trades and subcontractors. 3.3.4 Inspection 3.3.5 It is understood and agreed that the relationship of Contractor to Owner shall be that of an independent contractor. Nothing contained in this Agreement or inferable therefrom shall be deemed or construed to (1) make Contractor the progressagent, quantity, servant or quality of the Work done by employee or the Owner; or (2) create any partnership, any Owner’s representative, any governmental agency, joint venture or the Architect, or any inspector, shall not relieve the Contractor of any responsibility for the compliance of the Work with the Contract Documentsother association between Owner and Contractor. The Any direction and instruction by Owner or its approved representative (heretofore referred to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by the Owner’s representative, nor the authority to act nor any other actions taken by the Owner’s representative shall relieve the Contractor of any of its obligations under authorized representatives with respect to the Contract Documents nor give rise Work shall relate to any duty on the part of results the OwnerOwner desires to obtain from the Work, and shall in no way affect Contractor’s independent contractor status.