PART 10 - GOVERNING REGULATIONS Flashcards
GC 10.1 TAXES AND DUTIES
10.1.1
The contract price SHALL include all taxes and costoms duties in effect at the time of the bid closing except for value added taxes payable by the owner to the contractor as stipulated in Article A-4 of the agreement - CONTRACT PRICE
GC 10.1 TAXES AND DUTIES
10.1.2
Any increase or decrease in costs to the contractor due to changes in taxes and duties after the time of the bid closing SHALL increase or decrease the contract price accordingly.
GC 10.2 LAWS, NOTICES, PERMITS, AND FEES
10.2.1
The laws of the place of the work SHALL govern the work.
GC 10.2 LAWS, NOTICES, PERMITS, AND FEES
10.2.2
The owner SHALL obtain and pay for development approvals, building permit, permanent easements, rights of servitude, and all other necessary approvals and permits, except for the permits and fees referred to in paragraph 10.2.3 or for which the contract documents specify as the responsibility of the contractor.
GC 10.2 LAWS, NOTICES, PERMITS, AND FEES
10.2.3
The contractor SHALL be responsible for the procurement of permits, licenses, inspections, and certificates, which are necessary for the performance of the work and customarily obtained by contractors in the jurisdiction of the place of the work after the issuance of the building permit. The contract price includes the cost of these permits, licenses, inspections, and certificates, and their procurement.
GC 10.2 LAWS, NOTICES, PERMITS, AND FEES
10.2.4
The contractor SHALL give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or become in force during the performance of the work and which relate to the work, to the preservation of the public health, and to construction safety.
GC 10.2 LAWS, NOTICES, PERMITS, AND FEES
10.2.5
The contractor SHALL not be responsible for verifying that the contract documents are in compliance with the applicable laws, ordinances, rules, regulations, or codes relating to the work.
If the contract documents are at variance therewith, or if , subsequent to the time of bid closing, changes are made to the applicable laws, ordinance, rules, regulations, or codes which require modification to the contract documents, the contractor SHALL advise the consultant in writing requesting direction immediately upon such variance or change becoming known.
The consultant will issue the changes required to the contract documents as provided in GC 6.1 - OWNER’s RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE.
GC 10.2 LAWS, NOTICES, PERMITS, AND FEES
10.2.6
If the contractor fails to advise the consultant in writing; fails to obtain direction as required in paragraph 10.2.5; and perform work knowing to be contrary to any laws, ordinances, rules, regulations, or codes;
The contractor SHALL be responsible for and SHALL correct the violations thereof; and SHALL bear the costs, expenses and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes.
GC 10.2 LAWS, NOTICES, PERMITS, AND FEES
10.2.7
If, subsequent to the time of bid closing, changes are made to applicable laws, ordinances, rules, regulations, or codes of authorities having jurisdiction which affect the cost of the work, either party may submit a claim in accordance with the requirements of GC 6.6 - CLAIMS FOR A CHANGE IN CONTRACT PRICE.
GC 10.3 PATENT FEES
10.3.1
The contractor SHALL pay royalties and patent license fees required for the performance of the contract. The contractor SHALL hold the owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the contractor’s performance of the contract which are attributable to an infringement or an alleged infringement of a patent or invention by the contractor or anyone for whose acts the contractor may be liable.
GC 10.3 PATENT FEES
10.3.2
The owner SHALL hold the contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the contractor’s performance of the contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the contract, the physical model, plan, or design of which was supplied to the contractor as part of the contract.
GC 10.4 WORKERS’ COMPENSATION
10.4.1
Prior to commencing the work, and again with the contractor’s applications for payment, the contractor SHALL provide evidence of compliance with workers’ compensation legislation at the place of the work.
