Specs

Bridgestone Retail Operations, LLC
PROJECT MANUAL
Version: January 2012
Contractor shall provide, without extra charge, all incidental items required as a part of the Work even though not
particularly specified or indicated. Should Contractor object to methods or materials specified, Contractor shall
notify Owner in writing and obtain direction from Owner before proceeding with the Work. Proceeding with the
Work by Contractor without notice to Owner shall be construed as an acceptance of the Contract Documents.
Contractor represents by its Proposal and execution of the Contract that it has examined the Premises and
compared the Premises with the Plans and the other Contract Documents as to any variances, and has satisfied itself
as to all matters necessary for Contractor to carry out the Work, including, without limitation, the general working
conditions (including the character of existing structures at or adjacent to the site and the character and extent of
Owner’s and other contractors’ operations in the area and in connection with the Project), labor requirements,
accessibility, condition of the Premises, obstructions, drainage conditions, the actual levels, excavating, fillings and
underground conditions.
Contractor shall verify conditions at the Premises and all measurements at the Premises and in the Contract
Documents, shall be responsible for the same. Contractor shall notify Owner in writing of any seeming errors,
discrepancies or inconsistencies within the Contract Documents and between the Premises and the Contract
Documents, and shall await instructions from Owner before proceeding with the Work. No allowance or extra
payment will be subsequently made on account of any costs, expenses, delays or other matters incurred in
connection with Contractor’s failure to make such comparison and examination, Contractor’s failure to notify
Owner as required by this Section 5, or on account of any error or oversight on Contractor’s part.
The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor’s employees,
Subcontractors and their agents and employees, and other persons or entities performing the Work for or on behalf
of the Contractor or any of its Subcontractors.
6. COMPLIANCE WITH PATENTS. Contractor shall pay or cause to be paid all costs, royalties, and fees
arising from the use on, or the incorporation into, the Work, of patented equipment, materials, supplies, tools,
appliances, devices, processes, or inventions. Contractor shall indemnify, defend and hold Owner harmless from all
Claims relating to inventions, patents, patent rights, or other encumbrances arising out of the execution or
performance of this Contract. Contractor shall promptly notify Owner of any and all Claims of infringement
brought against it relating to the Work and shall furnish Owner with all information and data in its possession
relating to such Claims.
7. COMPLIANCE WITH LAWS AND NOTICES. Contractor shall give all notices, pay all fees, and take
all other action that may be necessary to ensure that the Work is provided, performed, and completed in accordance
with the requirements of all governmental permits, licenses, or other approvals or authorizations that may be
required in connection with providing, performing, and completing the Work and with all applicable Laws,
including, without limitation, any Laws prohibiting discrimination because of, or requiring affirmative action based
on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.; any Laws respecting the assumption of
liability for taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits,
pensions, annuities, or other similar benefits for Contractor’s and Subcontractors’ employees; and any Laws
regarding safety or the performance of the Work, including the federal Fair Labor Standards Act, the federal
Occupational Safety and Health Act of 1970, and all regulations, standards, and orders of the United States
Department of Labor. Assessment of any and all penalties against Owner resulting from Contractor’s failure to
comply with Laws shall be charged to Contractor.
Contractor shall give all notices and comply with all Laws. Contractor shall call Owner’s attention to any
errors, discrepancies or inconsistencies between the Contract Documents and applicable Laws. If Contractor
performs any Work contrary to such Laws, Contractor shall bear all costs arising therefrom.
Nothing in this Section 7 shall in any way limit, abridge or modify the provisions of Section 21 of these
Standard General Conditions.
8. INSPECTIONS AND CORRECTIONS. Owner shall at all times have access to the Work wherever it is
in preparation or progress and Contractor shall provide proper facilities for such access and for inspection. When
any Work is being performed away from the Premises, Owner shall be notified in reasonable time where such Work
is being done and when it will be ready for inspection so that Owner may inspect the same from time to time before
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STANDARD GENERAL CONDITIONS – MULTI-DRAW CONTRACT 01001 - Page 3 of 23