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The CONTRACTOR is and at all times shall remain an independent contractor, solely
<br />responsible for the manner and method of completing his work under this contract, with full
<br />power and authority to select the means, method and manner of performing such work, so long as
<br />such methods do not adversely affect the completed improvements, the OWNER and ENGINEER
<br />being interested only in the result obtained and conformity of such completed improvements to
<br />the plans, specifications and contract.
<br />Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employ-
<br />ees and other persons, as well as for the protection of the safety of the improvements being erected
<br />and the property of himself or any other person, as a result of his operations hereunder. Engineer-
<br />ing construction drawings and specifications as well as any additional information concerning the
<br />work to be performed passing from or through the ENGINEER shall not be interpreted as
<br />requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of
<br />such drawings, specifications and any other such instructions being to define with particularity the
<br />agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be
<br />fully and completely liable, at his own expense, for design, construction, installation and use, or
<br />non-use, of all items and methods incident to performance of the contract, and for all loss, damage
<br />or injury incident thereto, either to person or property, including, without limitation, the adequacy
<br />of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precau-
<br />tions or devices, and similar items or devices used by him during construction.
<br />Any review of work in process, or any visit or observation during construction, or any
<br />clarification of plans and specifications, by the ENGINEER, or any agent, employee, or represen-
<br />tative of either of them, whether through personal observation on the project site or by means of
<br />approval of shop drawings for temporary construction or construction processes, or by other means
<br />or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and
<br />nature of work completed or being performed, as measured against the drawings and specifications
<br />constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand
<br />the plans and specifications so that the completed construction work will conform thereto, and
<br />shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper
<br />performance of his work on the project, including but without limitation the propriety of ineans
<br />and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs,
<br />plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR
<br />from plans and specifications that may have been in evidence during any such visitation or
<br />observation by the ENGINEER, or any of his representatives, whether called to the CONTRAC-
<br />TOR'S attention or not shall in no way relieve CONTRACTOR from his responsibility to complete
<br />all work in accordance with said plans and specifications.
<br />2.08 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CON-
<br />TRACTOR has, by careful examination, satisfied himself as to the nature and location of the work,
<br />the conformation of the ground, the character, quality and quantity of the materials to be encoun-
<br />tered, the character of equipment and facilities needed preliminary to and during the prosecution of
<br />the work, the general and local conditions, and all other matters which can in any way affect the
<br />work under this contract. No verbal agreement or conversation with any officer, agent or employee
<br />of the OWNER or ENGINEER either before or after the execution of this contract, shall affect or
<br />modify any of the terms or obligations herein contained.
<br />2.09 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly
<br />and competent men, skillful in the performance of the type of work required under this contract,
<br />to do the work; and agrees that whenever the ENGINEER shall inform him in writing that any man
<br />or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men
<br />shall be discharged from the work and shall not again be employed on the work without the
<br />ENGINEER'S written consent.
<br />2.10 CONTRACTOR'S BUILDINGS. The building of structures for housing men, or the
<br />erection of tents or other forms of protection, will be permitted only at such places as the
<br />ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures
<br />shall at all times be maintained in a manner satisfactory to the ENGINEER.
<br />G'3 O C, Texaz Saction, ASCF. 1971
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