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 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 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 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, 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 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. 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 § 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 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, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences sequences, or procedures. If the Contractor determines knows or should know that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect Design Professional, and shall not proceed with that portion of the Work without further written instructions from the ArchitectOwner or Design Professional. 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 Contractor shall not be solely responsible for any loss or damage arising solely resulting from those Owner-required means, methods, techniques, sequences or proceduresits proper adherence to the written instructions. § 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. It is understood and agreed that the relationship of the Contractor to Owner shall be that of an independent contractor. Nothing contained in this Contract shall be deemed or construed to (1) make Contractor or any Subcontractor the agent, servant, or employee of the Owner, or (2) create any partnership, joint venture, or other association between Owner and Contractor or any Subcontractor. § 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 furnishing of surveys and other information regarding the progress, quantity, or quality of the Work done Project site by the Owner, any Owner’s representative, any governmental agency, or the Architect, or any inspector, Owner shall not relieve the Contractor of any responsibility for the compliance of the Work with from its duties under the Contract Documents. . § 3.3.5 The Contractor and designated Subcontractors shall attend and participate with the Owner, designated separate consultants or Separate Contractors of the Owner, Design Professional, designated consultants of the Design Professional and others deemed necessary by the Owner or its approved representative (heretofore referred in periodic construction meetings to as Owner’s representative) shall have access to the worksite and all Work. No supervision or inspection by be held at 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 Ownerdiscretion.

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 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 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 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 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 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. 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 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, 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 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 (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 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 (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 4.2.1 Contractor shall supervise cause the Project to be constructed and direct the Workshall provide competent supervision, using the Contractor’s best skill and attentioncoordination an related 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 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 to the Owner be liable for all property damage, including repairs and Architect and shall not proceed with that portion replacements of the Work without further written instructions and economic losses, which proximately result from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance breach 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 proceduresthis duty. 3.3.2 The 4.2.2 Contractor shall be responsible to the Owner for the acts and omissions of the Contractor’s employees. Contractor shall be as fully responsible to Owner for the acts and omissions of its Subcontractors, Subcontractors and Sub-Subcontractors, their agents and employeespersons directly or indirectly employed by them, and other persons or entities performing portions any of the Work foras it is for the acts and omissions of persons directly employed by Contractor. 4.2.3 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 its administration of the Contract Documents, or on behalf ofby inspections, the Contractor 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 its Subcontractors. 3.3.3 The Contractor shall Contractor’s obligations hereunder or 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, construed as an approval or quality acceptance of the Work done or any part thereof. 4.2.4 Contractor shall attend meetings scheduled by the OwnerContracting Officer to discuss such matters as procedures, any Owner’s representativeprogress, any governmental agencyproblems, or scheduling and safety. 4.2.5 Contractor shall always provide a Project Manager approved by the Architect, or any inspector, shall not relieve the Contractor of any Contracting Officer who will (i) have full responsibility for the compliance 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 Contracting Officer. 4.2.6 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. 4.2.7 Contractor shall maintain at the Project site one record copy of this Agreement and the Contract 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 Contract Documents, (iv) all approved Submittals, and (v) all clarifications and interpretations. 4.2.8 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. The Unless otherwise provided in the Contract Documents, all entrances to all buildings and areas of the Project site that are occupied by Owner or shall always be provided with safe, secure and convenient access. 4.2.9 If the Work involves modifications to and/or expansion of an existing occupied and/or operating facility, Owner will continue its approved representative (heretofore referred operation of the facility in which the Work is to as be performed and Contractor shall conduct the Work to cause a minimum of interference with Owner’s representative) 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 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 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 access 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 said adverse consequences may be minimized and there shall be no increase in the Contract Price because of such scheduling. 4.2.10 Contractor shall retain a competent registered professional engineer or registered land surveyor, acceptable to the worksite Contracting Officer, who shall establish the exterior lines and required elevations of all Workbuildings and structures to be erected on the Project site and shall establish sufficient lines and grades for the construction of associated work. No supervision or inspection 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 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 Ownervarious Subcontractors in laying out their work.