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f. Should the Designer or Owner determine that the Contractor is behind schedule and that the <br /> Contractor is behind schedule due to any act or failure to act on the part of the Contractor (or <br /> one or more subcontractors), the Owner may require, at no additional cost to the Owner, the <br /> Contractor to expedite and accelerate its efforts, including providing additional resources and <br /> working overtime, as necessary, to perform the Work in accordance with the approved Project <br /> schedule. <br /> g. Time extensions will not be granted for rain, wind, snow or other natural phenomena of normal <br /> intensity for the locality where work is performed. For purpose of determining extent of delay <br /> attributable to unusual weather phenomena, a determination shall be made by comparing the <br /> weather for the contract period involved with the average of the preceding five (5) year <br /> climatic range during the same time interval based on the National Oceanic and Atmospheric <br /> Administration National Weather Service statistics for the locality where work is performed <br /> and on daily weather logs kept on the job site by the contractor reflecting the effect of the <br /> weather on progress of the work and initialed by the Designer or his authorized representative. <br /> Time extensions for weather delays do not entitle the Contractor to "extended overhead" <br /> recovery. <br /> 5. STANDARD OF CARE AND DUTIES OF CONTRACTOR <br /> a. The Contractor shall exercise reasonable care and diligence in performing the Work in <br /> accordance with the highest generally accepted standards of this type of Contractor practice <br /> throughout the United States and in accordance with applicable federal, state and local laws <br /> and regulations applicable to the performance of these services. Contractor is solely <br /> responsible for the professional quality, accuracy and timely completion and/or submission of <br /> all work. <br /> b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that <br /> will endanger its safety, intended performance or configuration. <br /> c. Contractor shall be responsible for all errors or omissions, in the performance of the <br /> Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, <br /> mistakes or conflicts at no additional cost to the Owner. <br /> d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor <br /> engaged by the Contractor in the performance of any work or services required of the <br /> Contractor under this Agreement, shall be considered employees or agents of the Contractor <br /> only and not of the Owner, and any and all claims that may or might arise under any workers <br /> compensation or other law or contract on behalf of said employees while so engaged shall be <br /> the sole obligation and responsibility of the Contractor. <br /> e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be <br /> required to comply with all federal, state and local antidiscrimination laws, regulations and <br /> policies that relate to the performance of Contractor's services under this Agreement. <br /> f. If activities related to the performance of this Agreement require specific licenses, <br /> certifications, or related credentials Contractor represents that it and/or its employees, agents <br /> and subcontractors engaged in such activities possess such licenses, certifications, or <br /> credentials and that such licenses certifications, or credentials are current, active, and not in a <br /> state of suspension or revocation. <br /> Revised November 2011 4 <br />