Contract specifications for decontamination, 110 Church Street, Oct 2001

NYC 9/11 Public Portal Document

I 10. APPORTIONMENT OF THE WORK:

The Contractor shall classify and apportion the fabricating and furnishing of materials and the performance of labor to his various trades in accordance with local customs and jurisdictional practices regardless of the classifications appearing in the specifications. Should questions arise relative to which trade is to provide certain materials and perform I certain labor, the Contractor shall decide such questions and be responsible for producing a complete job for the cost stipulated in the contract.

11. LIABILITY:

The Owner shall assume no responsibility for any loss or damage of materials, I equipment, tools or other items used in construction, and which may become part of the project. The Contractor shall have full responsibility for such losses or damages whether or not progress payments have been made by the Owner to the Contractor. Any damages shall be repaired to the original condition at the Contractor's expense.

12. DAMAGE TO PROPERTY:

Should any direct damage be done to any public or private property of any kind or to any structure, materials, equipment or fixtures, resulting from any act or omission on the part of the Contractor, his Subcontractors or employees or agents, the Contractor shall, at his own cost and expense, restore the same equal to it's conditions before the said damage was done, by repairing, replacing, rebuilding as may be required by the Owner, or shall make good such damage in a manner satisfactory to the Owner of the building, the Consultant, or the Owner of the damaged property. I 13. WARRANTY:

1 Supplementing any specific guarantees or warranties provided for in any other provision of this contract or in the technical specifications for the work to be performed hereunder, the Contractor agrees to remedy without cost to the Owner, any defect which may develop within one (1) year from the date of completion and acceptance of the work performed under this contract, or damage which may be caused by such defects, which in the judgment of the Consultant, are caused by inferior materials and workmanship.

14. STANDARD OF QUALITY:

The various materials and products specified in the specifications by reference, name or description are given to establish a standard of quality and of cost. It is not the intent to limit the acceptance to any one material or product specified, but rather to name or describe a material or product as the absolute minimum standard that is desired and acceptable. A material or product of lesser quality would not be acceptable. Where proprietary names are used, whether or not followed by the words, "or as approved equal", they shall be subject to equals only as approved by the Consultant in accordance with Paragraph 15 of these Special Conditions.

1 SC-3

NYC-WTC 000098625