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04 GENERAL CONDITIONSGENERAL CONDITIONS 1. DEFINITIONS Wherever used in the CONTRACT DOCUMENT, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof: ADDENDA – Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications or corrections. BID – The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK to be performed. BIDDER – Any person, firm or corporation submitting a BID for WORK. BONDS – BID, Performance and Payment BONDS and other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the CONTRACT DOCUMENTS. CHANGE ORDER – A written order issued by the ENIGNEER to the CONTRACTOR, authorizing an addition, deletion or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME. CONSTRUCTION OBESERVER – The ENGINEER’S authorized representative assigned to observe the CONTRACTOR’S WORK as it progresses. CONTRACT DOCUMENTS – The contract, including Advertisement for BIDS, Information to BIDDERS, BID, BID Bond, Agreement, Payment Bond, Performance Bond, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDERS, PLANS SPECIFICATIONS, and ADDENDA. CONTRACT PRICE – The total monies payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS. CONTRACT TIME – The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK. CONTRACTOR – The person, firm or corporation with whom the OWNER has executed the Agreement. ENGINEER – Sathre-Bergquist, Inc., 150 South Broadway, Wayzata, Minnesota and its authorized representatives. FIELD ORDER – A written order effecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction. MATERIALS – Any substances specified for use in the construction of the PROJECT and it appurtenances. NOTICE OF AWARD – The written notice of the acceptance of the BID from the OWNER to the successful BIDDER. NOTICE TO PROCEED – Written communication issued by the OWNER to the CONTRACTOR authorizing him to proceed with the WORK and establishing the date of commencement of the WORK. OWNER – A public or quasi-public body or authority, corporation, association, partnership, or individual for whom the WORK is to be performed. PLANS – The part of the CONTRACT DOCUMENTS which show the characteristics and scope of the WORK to be performed and which have been prepared or approved by the ENGINEER. PROJECT – The undertaking to be performed as provided in the CONTRACT DOCUMENTS. RESIDENT PROJECT REPRESENTATIVE – The authorized representative of the OWNER who is assigned to the PROJECT site or any part thereof. SHOP DRAWINGS – All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed. SPECIAL PROVISIONS – Additions and revisions to the standard and supplemental specifications covering conditions peculiar to and individual PROJECT. SPECIFICATIONS – A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of MATERIALS, equipment, construction systems, standards and workmanship. SUBCONTRACTOR – An individual, firm or corporation having a direct CONTRACT with the CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of WORK at the site. SUBSTANTIAL COMPLETION – That date as certified by the ENGINEER when the construction of the PROJECT or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the PROJECT or specified part can be utilized for the purposes for which it is intended. SUPPLEMENTAL GENERAL CONDITIONS – Modifications to General Conditions required by a Federal agency for participation in the PROJECT and approved by the agency in writing prior to inclusion in the CONTRACT DOCUMENTS, or such requirements that may be imposed by applicable state laws. SUPPLIER - Any person or organization who supplies MATERIALS or equipment for the WORK, including that fabricated to a special design, but who does not perform labor at the site. WORK – All labor, MATERIALS, equipment, and other incidentals necessary or convenient to the successful completion of the PROJECT and the carrying out of all the duties and obligations imposed by the CONTRACT DOCUMENTS upon the CONTRACTOR. WRITTEN NOTICE – Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party or his authorized representative on the WORK. 2. ADDITIONAL INSTRUCTION AND DETAIL DRAWINGS The CONTRACTOR may be furnished additional instructions and detail drawings, by the ENGINEER, as necessary to carry out the WORK required by the CONTRACT DOCUMENTS. The additional drawings and instructions thus supplies will become a part of the CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in accordance with the additional detail drawings and instructions. 3. SCHEDULES , REPORTS AND RECORDS The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data where applicable and as are required by the CONTRACT DOCUMENTS for the WORK to be performed. Prior to the start of WORK the CONTRACTOR shall submit construction progress schedules showing the order in which he proposes to carry on the WORK, including dates at which he will start the various parts of the WORK, estimated date of completion of each part and, as applicable: 3.2a The dates at which special detail drawings will be required; and 3.2b Respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the testing and the installation of MATERIALS, supplies and equipment. 3.3 The CONTRACTOR shall also submit a schedule of payments that he anticipates he will earn during the course of the WORK. 4. DRAWINGS AND SPECIFICATIONS The Intent of the DRAWINGS and SPECIFICATIONS is that of the CONTRACTOR shall furnish all labor, MATERIALS, tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT DOCUMENTS and all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use, occupancy or operation by the OWNER. In case of conflict between the PLANS and SPECIFICATIONS, the SPECIFICATIONS shall govern over Figure dimensions on the PLANS, Figure dimensions shall govern over (scaled) dimensions, and approved detailed DRAWINGS shall govern over the general PLANS. Any discrepancies found between the PLANS and SPECIFICATIONS and site conditions or any inconsistencies or ambiguities in the PLANS or SPECIFICATIONS shall be immediately reported to the ENGINEER, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTORS risk. 5. CONFORMANCE WITH STANDARD SPECIFICATIONS All WORK shall conform with the requirements of the latest Standard Specifications as follows: 5.1a The Standard Utilities Specifications for Watermain and Service Line Installation and Sanitary Sewer and Storm Sewer Installation, as published by the League of Minnesota Municipalities. 5.1b The Standard Specifications for Construction as prepared by the Minnesota Department of Transportation. 5.1c The Standard Specifications which govern construction within the Municipality that the project is in. The above requirements shall not be construed to permit a lower grade of construction where PLANS and specifications call for workmanship or MATERIALS of a higher grade. 6. SHOP DRAWINGS The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the prosecution of the WORK as required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review all SHOP DRAWINGS. The ENGINEER’S approval of any SHOP DRAWING shall not release the CONTRACTOR from responsibility for deviations from the CONTRACT DOCUMENTS. The approval of any SHOP DRAWING which substantially deviates from the requirement of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER. When submitted for the ENGINEER’S review, SHOP DRAWINGS shall bear the CONTRACTORS certification that he has reviewed, checked and approved the SHOP DRAWINGS and that they are in conformance with the requirements of the CONTRACT DOCUMENTS. Portions of the WORK requiring a SHOP DRAWING or sample submission shall not begin until the SHOP DRAWING or submission has been approved by the ENGINEER. A copy of each approved SHOP DRAWING and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER. 7. MATERIALS, SERVICES AND FACILITIES It is understood that, except as otherwise specifically stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for all MATERIALS, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified time. MATERIALS and equipment shall be so stored as to insure the preservation of their quality and fitness for WORK. Stored MATERIALS and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection. Manufactured articles, MATERIALS and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. MATERIALS, supplies and equipment shall be in accordance with samples submitted by the CONTRACTOR and approved by the ENGINEER. MATERIALS, supplies or equipment to be incorporated into the WORK shall not be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. 8. INSPECTION AND TESTING All MATERIALS and equipment used in construction of the PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS. The OWNER shall provide all inspection and testing services not required by the CONTRACT DOCUMENTS. The CONTRACTOR shall provide at his expense the testing and inspection services required by the CONTRACT DOCUMENTS. If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations, or orders of any public authority have jurisdiction require any WORK to specifically be inspected, tested or approved by someone other than the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRATOR will then furnish the ENGINEER the required certificates of inspection, testing or approval. Inspections, tests or approvals by the ENGINEER or others shall not relieve the CONTRACTOR from his obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS. The ENGINEER and his representative will at all times have access to the WORK. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work, MATERIALS, payrolls, records or personnel, invoices or MATERIALS, and other relevant data and records. The CONTRACTOR will provide proper facilities for such access and observation of the WORK and also for any inspection, of testing thereof. If any WORK is covered contrary to the written instructions of the ENGINEER it must, if required by the ENGINEER, be uncovered for its observation and replaced at the CONTRACTOR’S expense. If the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by others, the CONTRACTOR, at the ENGINEERS request, will uncover, expose or otherwise make available for observation, inspection or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, MATERIALS, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate CHANGE ORDER shall be issued. 9. SUBSITITUTIONS Whenever a material, article or piece of equipment is identified on the PLANS or SPECIFICATIONS by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products or equal capacities, quality and function shall be considered. The CONTRACTOR may recommend substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the name or catalogue number, and if, in the opinion of the ENGINEER, such material, article or piece of equipment is of equal substance and function to that specified, the ENGINEER may approve its substitution and use by the CONTRACTOR. Any cost differential shall be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that if substitutes are approved, no major changes in the function or general design of the PROJECT will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME. 10. MERGED ITEMS The cost of all MATERIALS, labor, equipment, etc. required for the prosecution of the WORK as specified and/or as shown on the PLANS shall be merged into the BID Prices for the WORK. 11. PATENTS The CONTRACTOR shall pay all applicable royalties and license fees. He shall defend all suites or claims for infringement of any patent rights and save the OWNER harmless from loss on account thereof, except that the OWNER shall be responsible for any such loss when a particular process, design, or the product of a particular manufacturer or manufacturers is specified, however if the CONTRACTOR has reason to believe that the design, process or product specified is an infringement on a patent, he shall be responsible for such loss unless he promptly gives such information to the ENGINEER. 12. SURVEYS, PERMITS, REGULATIONS The OWNER shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the WORK together with a suitable number of bench marks adjacent to the WORK as shown in the CONTRACT DOCUMENTS. From the information provided by the OWNER, unless otherwise specified in the CONTRACT DOCUMENTS, the CONTRACTOR shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets. The CONTRACTOR shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Permits and licenses of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR unless otherwise stated in the CONTRACT DOCUMENTS. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the OWNER, unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provide in Section 16, CHANGES IN THE WORK. 13. CONSTRUCTION STAKING Construction staking for the Contract WORK shall be provided in part by the ENGINEER. The CONTRACTOR shall supplement the staking done by the ENGINEER as necessary to complete the WORK as specified. After lines and grades for any part of the WORK have been given by the ENGINEER, the CONTRACTOR shall carefully preserve them, and in the case of willfull or careless destruction, he shall be charged for the cost of restaking by the ENGINEER. The cost of such restaking shall be withheld from any monies due or to become due the CONTRACTOR. The CONTRACTOR shall be responsible for the proper execution of the WORK to such lines and grades and shall at his own expense correct any mistakes that may be caused by the unauthorized disturbance or removal. The CONTRACTOR shall give the ENGINEER notice (at least two (2) working days prior to) his need for the establishment of lines and grades and shall provide at his own expense such assistance as is required for setting lines and grades and other reference points. No additional compensation will be allowed the CONTRACTOR for any claim of crew holdup due to lack of line and grade stakes. 14. PROTECTION OF WORK, PROPERTY AND PERSONS The CONTRACTOR will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the WORK. He will take all necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all MATERIALS or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designed for removal, relocation or replacement in the course of construction. The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of WORK, all necessary safeguards for safety and protection. He will notify OWNERS of adjacent utilities when prosecution of the WORK may affect them. The CONTACTOR will remedy all the damage, injury or loss to any property caused, directly or indirectly, in whole, or in part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except damage or loss attributable to the fault or the CONTRACT DOCUMENTS or to the acts or omissions of the OWNER or the ENGINEER or anyone employed by either of them of anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR. In emergencies affecting the safety of persons of the WORK of property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the ENGINEER or OWNER, shall act to prevent threatened damage, injury or loss. He will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK of deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER shall thereupon be issued covering the changes and deviations involved. The CONTRACTOR shall furnish, erect, and maintain proper construction signing as necessary to protect the WORK and the public. All signing methods, MATERIALS, and maintenance shall meet approval by the ENGINEER and be in accordance with the Minnesota Manual on Uniform Traffic Control. 14.4a The CONTRACTOR shall furnish and erect such barricades, fences, lights and signs, and shall provide watchmen and take other precautionary measures for the protection of persons and property necessary. Excavations in or adjacent to public streets shall be securely protected so as to prevent access by small children. Barricades and construction signing shall have a reflective surfacing per “Manual of Uniform Traffic Control Devices for Streets and Highways.” A sufficient number of barricades and warning devices shall be used for the necessary effectiveness and for keeping vehicles from being driven on or into WORK areas in which traffic is not authorized. 14.4b When a detour is necessary, the ENGINEER shall designate, with City Traffic Engineer’s approval, its route and the CONTRACTOR shall furnish and post detour signs of the type and sizes as required. 14.4c All construction signing MATERIALS, devices, and processes shall be in compliance with the City and/or County standards and the “Manual of Uniform Traffic Control Devices for Streets and Highways” as adopted by the State of Minnesota. Placement and removal of construction signing shall be properly coordinated with the other WORK processes. The CONTRACTOR is responsible for the construction signing. When existing sewers have to be taken up and removed, the CONTRACTOR at his own cost and expense provide and maintain temporary outlets and connections for all private or public drains and sewers. The CONTRACTOR shall also take care of all sewage and drainage which will be received from these drains and sewers; and for this purpose he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets or diversions. The CONTRACTOR at his own expense shall construct troughs, pipes, or other necessary structures, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such time as the permanent connections are built and in service. The existing sewers and connections shall be kept in service and maintained under the CONTRACT, except where specified or ordered to be abandoned by the ENGINEER. All water or sewage shall be disposed of in a satisfactory manner so that no nuisance is created and so that the WORK under construction will be adequately protected. At all shaft sites and on all open cut WORK, the CONTRACTOR shall provide and maintain free access to fire hydrants, water and gas valves, manholes and similar facilities. Gutters and waterways shall be kept open or other satisfactory provisions made for the removal of storm water. 14.7 The CONTRACTOR shall provide at his own cost and expense all methods for adequately draining the WORK and shall assume full responsibility and liability for damage to persons or property resulting from such damage. No separate compensation will be paid for sub-drains, or other methods of draining, but the cost will be merged with such contract pay items as are provided in the PROPOSAL AND CONTRACT. 14.8 No trees shall be cut except upon the written permission of the ENGINEER. Trees adjacent to the WORK shall be protected from all damage by the construction operations. The CONTRACTOR shall protect and leave undisturbed those makers or monuments set for the subdivision of the land. Any cost for surveying required to replace subdivision markers due to the CONTRACTORS careless construction practices shall be borne by the CONTRACTOR. All damage done to existing improvements during the progress of this improvement shall be repaired by the CONTRACTOR under the direction of the ENGINEER. Such repairs shall be made according to the requirements of the Standard SPECIFICATIONS of the City for various types of improvements or Classes of WORK required. The CONTRACTOR shall be entirely responsible for the protection of all improvements that are not designated by the ENGINEER to be removed for proper construction of the PROJECT. The CONTRACTOR shall not enter upon private property for any purpose without previously obtained permission of the OWNER. The CONTRACTOR shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc; all water, sewer, gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all public or private property along or adjacent to the WORK. The CONTRACTOR shall notify the proper representative of any public utility, corporation, and company or individual, not less than forty-eight hours in advance of and WORK which might interfere with the operation on their or his property along or adjacent to the WORK. The CONTRACTOR shall be responsible for all damages or injury to property of any character resulting from any act, omission, neglect or misconduct in the manner or method of executing the WORK, or due to his non-execution of the WORK, or at any time due to defective WORK or MATERIALS. He shall restore or have restored at his own cost and expense, such property to a condition equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage from injury in a manner acceptable to the City or the ENGINEER. In case of failure on the part of the CONTRACTOR to restore such property or make good such damage or injury, the OWNER may, upon forty-eight hours’ WRITTEN NOTICE under ordinary circumstances and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any monies due to the CONTRACTOR under his CONTRACT and if not so deducted, the CONTRACTOR will be obligated to forthwith reimburse the OWNER for the cost thereof. 14.14 The CONTRACTOR shall perform all WORK in a manner so as to minimize the pollution of air, water, or land, and shall within reasonable limits control noise and the disposal of solid waste MATERIALS as well as other pollutants. Prior to the start of any on-site construction activities, the CONTRACTOR and the OWNER’S representative shall make a joint condition survey of the work areas and assigned storage area. Except for any WORK or storage area and access routes specifically assigned for the use of CONTRACTOR under this CONTRACT, the area outside the limits of permanent WORK performed under this CONTRACT shall be preserved in their pre-existing condition. The CONTRACTOR shall confine his construction activities to areas defined for WORK on the PLANS or specifically assigned for his use. Storage and related areas and access routes required temporarily by the CONTRACTOR in the performance of the WORK will be assigned by the OWNER’S representative. The CONTRACTOR shall submit a description of his scheme for disposing of waste MATERIALS resulting from the WORK under this CONTRACT. If any waste material is dumped in unauthorized areas, the CONTRACTOR shall remove the material and restore the area to the condition of the adjacent undisturbed areas. Material may not be buried or otherwise disposed of at the construction site unless a specific disposal location has be designated by the ENGINEER or as described in the SPECIAL PROVISIONS. The CONTRACTOR shall maintain all access routes and other WORK areas free from excess dust to such reasonable degree as to avoid causing a hazard or nuisance to the public. The CONTRACTOR shall, unless otherwise instructed by the OWNER’S representative, obliterate all signs of temporary construction facilities such as WORK areas, structures, stockpiles of excess or waste MATERIALS, and other vestiges of construction prior to Final Acceptance of the WORK. The CONTRACTOR shall, take positive measures to maintain drainage and control construction borne sedimentation and erosion. This shall be accomplished by placement of siltation fencing and the construction of cutoff ditches, berms and debris basins and by other on-site protection. Any temporary ditching, culverts, and siltation fencing necessary to accomplish this end shall be at the CONTRACTOR’S expense unless a BID ITEM is provided for the WORK. 15. SUPERVISION BY CONTRACTOR The CONTRACTOR will supervise and direct the WORK. He will be soley responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR will employ and maintain on the WORK a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR’S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work. 16. CHANGES IN THE WORK The OWNER may at any time, as the need arises, order changes within the scope of the WORK without invalidating the Agreement. If such changes increase or decrease the amount due under the CONTRACT DOCUMENTS, or in the time required for performance of the WORK, and equitable adjustment shall be authorized by CHANGE ORDER. The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make changes in the details of the WORK. The CONTRACTOR shall proceed with the performance of any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that such FIELD ORDER entitles him to a change in the CONTRACT PRICE or TIME, or both, in which event he shall give the ENGINEER WRITTEN NOTICE thereof within seven (7) days after the receipt of the ordered change. Thereafter the CONTRACTOR shall document the basis for the change in CONTRACT PRICE or TIME within thirty (30) days. The CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE ORDER or further instruction from the OWNER. 17. CHANGES IN CONTRACT PRICE The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of any WORK covered by a CHANGE ORDER or of any claim for increase or decrease in the CONTRACT PRICE shall be determined by one or more of the following methods in the order of precedence listed below: Unit prices previously approved. An agreed lump sum. The actual cost for labor, direct overhead, MATERIALS, supplies, and other services necessary to complete the WORK. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the WORK to cover the cost of general overhead and profit. 18. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The date of beginning and the time for completion of the WORK are essential conditions of the CONTRACT DOCUMENTS and the WORK embraced shall be commenced on a date specified in the NOTICE TO PROCEED. The CONTRACTOR will proceed with the WORK at such rate of progress to insure full completion within the CONTRACT TIME. It is expressly understood and agreed, by and between CONTRACTOR and the OWNER, that the CONTRACT TIME for the completion of WORK described herein is a reasonable time, taking into consideration that average climatic and economic conditions and other factors prevailing in the locality of the WORK. If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amount for liquidated damages as specified in the BID for each calendar day that the CONTRACTOR shall be in default after the time stipulated in the CONTRACT DOCUMENTS. The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the WORK is due to the following, and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the OWNER or ENGINEER. 18.4a To any preference, priority or allocation order duly issued by the OWNER. 18.4b To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, or of the public enemy, acts of OWNER, acts of another CONTRACTOR in the performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and 18.4c To any delays of SUBCONTRACTORS occasioned by any of the causes specified in paragraphs 18.4a and 18.4b of this article. 19. CORRECTION OF WORK The CONTRACTOR shall promptly remove from the premises all WORK rejected by the ENGINEER for failure to comply with the CONTRACT DOCUMENTS, whether incorporated in the construction or not, and the CONTRACTOR shall promptly replace and re-execute the WORK in accordance with the CONTRACT DOCUMENTS and without expense to the OWNER and shall bear the expense of making good all WORK of other CONTRACTORS destroyed or damaged by such removal or replacement. All removal and replacement WORK shall be done at the CONTRACTOR’S expense. If the CONTRACTOR does not take action to remove such rejected WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER may remove such WORK store the MATERIALS at the expense of the CONTRACTOR. 20. SUBSURFACE CONDITIONS The CONTRACTOR shall promptly, and before such conditions are disturbed, except in the even of any emergency, notify the OWNER by WRITTEN NOTICE of: 20.1a Subsurface or latent physical conditions at the site differing materially from those indicated in the CONTRACT DOCUMENTS; or 20.1b Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in WORK of the character provided for in the CONTRACT DOCUMENTS. The OWNER shall promptly investigate the conditions, and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the WORK, and equitable adjustment shall be made and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the CONTRACTOR for adjustment shall be made and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the CONTRACTOR for adjustment hereunder shall not be allowed unless he has given the required WRITTEN NOTICE; provided that the OWNER may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. 21. SUSPENSION OF WORK, TERMINATION AND DELAY The OWNER may suspend the WORK or any portion there of for a period of not more then ninety (90) days of such further time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the ENGINEER which notice shall fix the date on which WORK shall be resumed. The CONTRACTOR will resume that WORK on the date so fixed. The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTACT TIME, or both, directly attributable to any suspension. If the CONTRACTOR is adjudged as bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor’s act, or to reorganize under the bankruptcy or applicable laws, or if he repeatedly fails to supply sufficient skilled workers or suitable MATERIALS or equipment, or if he repeatedly fails to make prompt payments to SUBCONTRACTORS or for labor, MATERIALS or equipment or if he disregards laws, ordinances, rules, regulations or orders or any public body having jurisdiction of the WORK or if he disregards the authority of the ENGINEER, or if he otherwise violates any provisions of the CONTRACT DOCUMENTS, then the OWNER may, without prejudice to any other right or remedy and after giving the CONTRACTOR and his surety a minimum of ten (10) days from delivery of a WRITTEN NOTICE, terminate the services of the CONTRACTOR and take possession of the PROJECT and all MATERIALS, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the WORK by whatever method he may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the direct and indirect costs of completing the PROJECT, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNER. Such costs incurred by the Owner will be determined by the ENGINEER and incorporated in a CHANGE ORDER. 21.3 Where the CONTRACTORS services have been so terminated by the OWNER, said termination shall not affect any right of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies by the OWNER due the CONTRACTOR will not release the CONTRACTOR from compliance with the CONTRACT DOCUMENTS. 21.4 After ten (10) days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the ENGINEER, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the CONTRACT. In such case, the CONTRACTOR shall be paid for all WORK Executed and any expense sustained plus reasonable profit. If, through no act or fault of the CONTRACTOR the WORK is suspended for a period of more than ninety (90) days by the OWNER or under an order of court or other public authority, or the ENGINEER fails to act on any request for payment within thirty (30) days after it is submitted, or the OWNER fails to pay the CONTRACTOR substantially the sum approved by the ENGINEER or awarded by arbitrators within thirty (30) days of its approval and presentation, then the CONTRACTOR may, after ten (10) days from delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER, terminate the CONTRACT and recover from the OWNER payment for all WORK executed and all expenses sustained. In addition and in lieu of terminating the CONTRACT, if the ENGINEER has failed to act on a request for payment or if the OWNER has failed to make any payment as aforesaid, the CONTRACTOR may upon ten (10) days WRITTEN NOTICE to the OWNER and the ENGINEER stop the WORK until he has been paid all amounts then due, in which event and upon resumption of the WORK, CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or extending the CONTRACT TIME or both to compensate for the costs and delays attributable to the stoppage of the WORK. In the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of the OWNER or ENGINEER to act within the time specified in the CONTRACT DOCUMENTS, or if no time is specified, within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the OWNER or ENGINEER. 22. PAYMENTS TO CONTRACTOR At least fifteen (15) days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the ENGINEER a partial payment estimate filled out and signed by the CONTRACTOR covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the ENGINEER may reasonably require. If payment is requested on the basis of MATERIALS and equipment not incorporated in the WORK but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the OWNER, as will establish the OWNER’S title to the material and equipment and protect his interest therein, including applicable insurance. The ENGINEER will, within ten (10) days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The OWNER will within thirty (30) days of presentation to him of an approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The OWNER shall retain ten (10%) percent of the amount of each payment until final completion and acceptance of all WORK covered by the CONTRACT DOCUMENTS. The OWNER at any time, however, after fifty (50%) percent of the WORK has been completed, if he find that satisfactory progress is being make, shall reduce retainage to five (5%) percent on the current and remaining estimates. When the WORK is substantially complete (operational or beneficial occupancy), the retained amount may be further reduced below five (5%) percent to only that amount necessary to assure completion. On completion and acceptance of a part of the WORK on which the price is stated separately in the CONTRACT DOCUMENTS, payment may be made in full, including retained percentages, less authorized deductions. The request for payment may also include an allowance for the cost of such major MATERIALS and equipment which are suitably stored either at or near the site. The CONTRACTOR shall submit with the payment request documentation such as invoices substantiating the MATERIALS on hand. Prior to SUBSTANTIAL COMPLETION, the OWNER, with the approval of the ENGINEER and with the concurrence of the CONTRACTOR, may us any completed or substantially completed portions of the WORK. Such use shall not constitute an acceptance of such portions of the WORK. The OWNER shall have the right to enter the premises for the purpose of doing WORK not covered by the CONTRACT DOCUMENTS. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the WORK, or the restoration of any damaged WORK except such as may be caused by agents or employees of the OWNER. Upon completion and acceptance of the WORK, the ENGINEER shall issue a certificate attached to the final payment request that the WORK has been accepted by him under the conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR WITHIN thirty (30) days of completion and acceptance of the WORK. The CONTRACTOR will indemnify and save the OWNER or the OWNER’S agents harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, labors workers, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the WORK. The CONTRACTOR shall at the OWNER’S request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after having notified the CONTRACTOR, either pay unpaid bills or withhold for the CONTRACTOR’S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR, his Surety, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so make by the OWNER shall be considered as a payment make under the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments make in good faith. If the OWNER fails to make payment thirty (30) days after approval by the ENGINEER, in addition to other remedies available to the CONTRACTOR, there shall be added to each payment interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the CONTRACTOR. 23. ACCEPTANCE OF FINAL PAYMENT AS RELEASE The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and liability to the CONTRACTOR other than claims in stated amounts as may be specifically accepted by the CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the OWNER and others relating to or arising out of this WORK. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his Sureties from any obligations under the CONTRACT DOCUMENTS or the Performance BOND and payment BONDS. 24. INSURANCE The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR’S execution of the WORK, whether such execution be by himself or by any SUBCONTRACTOR or by anyone directly or indirectly employed by any of them, or by anyone from whose acts any of them may be liable: 24.1a Claims under worker’s compensation, disability benefit and other similar employee benefit acts; 24.1b Claims for damages because of bodily injury, occupational disease, or death of his employees; 24.1c Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees; 24.1d Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or (2) by any other person; and 24.1e Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Certificates of Insurance acceptable of the OWNER shall be filed with the OWNER prior to commencement of the WORK. These Certificates shall contain a provision that coverage’s afforded under the policies will not be cancelled unless at least fifteen (15) days WRITTEN NOTICE has been given to the OWNER. The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, liability insurance as hereinafter specified; 24.3a Minimum limits of Liability shall be $500,000 for bodily injury, including personal injury, sickness, disease or death and for care and loss of service per person, and $1,000.000 for bodily injury, including personal injury, sickness, disease or death and for care and loss of services for any occurrence. $500,000 for all damages to or destruction of property as a result of one occurrence, and $1,000,000 total damages to or destruction of property during the policy period. Said property damage coverage shall be on a broad form property damage basis, and shall include coverage for explosion, collapse and damage to underground facilities. In lieu of the above described limits, the CONTRACTOR may furnish comprehensive liability and property damage with all of the foregoing coverage’s with limits of not less than $100,000/$300,000 bodily injury and $50,000 less damage and a $1,000,000 umbrella to cover the excess over the basic liability. 24.3b OWNERS Protective Liability written by the same insurance company shall cover all operations under the contract with the Engineer names as an additional insured with minimum limits on $500,000 for bodily injury including sickness, disease or death, and for care and loss of services per person and $1,000,000 for bodily injury including sickness, disease or death, and for care and loss of services per occurrence and property damage limits of $500,000 for each occurrence and $500,000 in the aggregate. 24.3c All policies herein called for shall become effective before the CONTRACTOR undertakes any WORK under this contract and shall remain in full force and effect for a minimum of one year after completion of throughout the warranty period, whichever is longer. 24.3d In the event hat any insurer shall give notices of intention to cancel any of the policies herein called for, the CONTRACTOR shall have 24 hours before the time of such proposed cancellation to have the notice of cancellation rescinded by the insurer or to secure and have in effect a similar policy of insurance written by another insurer. In the event that such cancellation is not rescinded or replacement policy obtained 24 or more hours before the time set for cancellation, the all WORK on this contract shall cease at the close of the day (five P.M., local time) before the day set for cancellation of the policy and the contract shall be considered breached by the CONTRACTOR as of the date and hour of the cancellation of the policy, provided, nevertheless, that the OWNER shall have the right to reinstate the contract on such terms as he see fit. Any notice of rescission of cancellation or the issuance of a new policy must be in writing, signed by a person having authority to bind the insurer, and be delivered to the ENGINEER for transmittal to the OWNER within the time specified. 24.3e All risk insurance shall be written under the 100% completed value form and shall protect the CONTRACTOR and OWNER against risks of damage to buildings, structures, MATERIALS and equipment for the perils of fire and lightning, the perils included in the standard extended coverage endorsement, and the perils of vandalism and malicious mischief. The total shall be not less than the insurable value of the WORK at completion. 24.3f When the aggregate value of equipment, such as gas engines, generators, pumps, compressors, tanks, motors, switchgear, transformers, panel boards, control equipment, and other similar equipment exceeds $10,000 the CONTRACTOR shall protect said CONTRACTOR and the OWNER from all insurable risks of physical loss or damage to MATERIALS and equipment not otherwise covered under Builder’s Risk Insurance. It shall contain a waiver of the subrogation rights from the insurer. This policy may not be terminated until the CONTRACTOR advises the OWNER in writing that he has secured a replacement policy. 24.3g In the event of a payment under the policy because of loss, the OWNER shall receive the payment from the insurer and shall deposit it in an account separate from all of his other funds. These funds shall be distributed to the parties in interest according to the terms of such agreement as they may reach concerning its distribution, or in the even that no agreement is reached, then pursuant to the terms of an award made by arbitrators, who shall be appointed and shall proceed as provided elsewhere in the contract. If, after loss, no special agreement is made, replacement of injured WORK shall be ordered and executed as provided for herein as changes in the WORK. 24.3h The OWNER shall have the power to adjust and settle any loss with the insurer, unless one of the other interested parties shall object in writing three (3) WORKING days of the occurrence of a loss. In the event of such an objection, arbitrators shall be appointed and the OWNER shall settle with the insurer in accordance with the directions of the arbitrators who shall, if required, direct the matter of the distribution to the interested parties. 24.3i It shall be the “all risks” type with coverage’s designed for the circumstances which may occur in the particular WORK included in this Contract. 24.3j If the WORK does not include the construction of building structures the Builder’s Risk policy may be omitted providing the Installation Risks Floater Policy fully covers all WORK. 24.3k All policies shall provide for losses to be payable to the CONTRACTOR and OWNER as their interests may appear. The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, in accordance with the provisions of the laws of the state in which the WORK is performed, Worker’s Compensations Insurance, including occupational disease provisions, for all of his employees at the site of the PROJECT and in case any WORK is sublet, the CONTRACTOR shall require such SUBCONTRACTOR similarly to provide Worker’s Compensation Insurance, including occupational disease provisions for all of the latter’s employees unless such employees are covered by the protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous WORK under this CONTRACT at the site of the PROJECT is not protected under Worker’s Compensation statute, the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide, adequate and suitable insurance for the protection of his employees not otherwise protected. 25. CONTRACT SECURITY The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE OF AWARD furnish the OWNER with a Performance Bond and a Payment Bond in penal sums to the amount of the CONTRACT PRICE, conditioned upon the performance by the CONTRACTOR of all undertakings, covenants, terms, conditions and agreements of the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all persons supplying labor and MATERIALS in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed by the CONTRACTOR and a corporate bonding company licensed to transact such business in the state in which the WORK is to be performed. The expense of these BONDS shall be borne by the CONTRACTOR. If at any time a surety on any such BOND is declared bankrupt or loses its right to do business in the state in which the WORK is to be performed, the CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, substitute an acceptable BOND (or BONDS) in such form and sum signed by such other surety or sureties as may be satisfactory to the OWNER. The premiums on such BOND shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished as acceptable BOND to the OWNER. 26. ASSIGNMENTS Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign or otherwise dispose of the CONTRACT or any portion thereof, or of his right, title or interest therein, or his obligations thereunder, without written consent of the other party. 27. INDEMNIFICATION The CONTRACTOR will indemnify and hold harmless the OWNER and the ENGINEER and their agents and employees from and against all claims, damages, losses and expenses including attorney’s fees arising out of or resulting from the performance of the WORK, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom; and is caused in whole or in party by any negligent or willful act or omission of the CONTRACTOR, and SUBCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In any and all claims against the OWNER or the ENGINEER, or any of their agents or employees, by any employee of the CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any SUBCONTRACTOR under worker’s compensation acts, disability benefit acts or other employee benefits acts. The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the ENGINEER, his agents or employees arising out of the preparation or approval of maps, PLANS, opinions, reports, surveys, CHANGE ORDERS, designs or SPECIFICATIONS. 28. SEPARATE CONTRACTS The OWNER reserves the right to let other CONTRACTS in connection with this PROJECT. The CONTRACTOR shall afford other CONTRACTORS reasonable opportunity for the introduction and storage of their MATERIALS and the execution of their WORK, and shall properly connect and coordinate his WORK with theirs. If the proper execution or results of any part of the CONTRACTOR’S WORK depends upon the WORK of any other CONTRACTOR, the CONTRACTOR shall inspect and promptly report to the ENGINEER any defects in such work that render it unsuitable for such proper execution and results. The OWNER may perform additional WORK related to the PROJECT by himself, or he may let other CONTRACTS containing provisions similar to these. The CONTRACTOR will afford the other CONTRACTORS who are parties to such CONTRACTS (or the OWNER, if he is performing the additional WORK himself), reasonable opportunity for the introduction and storage of MATERIALS and equipment and the execution of WORK, and shall properly connect and coordinate his WORK with theirs. If the performance of additional WORK by other CONTRACTORS or the OWNER is not noted in the CONTRACT DOCUMENTS prior to the execution of the CONTRACT, WRITTEN NOTICE thereof shall be given to the CONTRACTOR prior to starting any such additional WORK. If the CONTRACTOR believes that the performance of such additional WORK by the OWNER or others involves him in additional expense or entitles him to an extension of the CONTRACT TIME, he may make a claim therefore as provided in Sections 17 and 18. 29. SUBCONTRACTING The CONTRACTOR may utilize the services of specialty SUBCONTRACTORS on those parts of the WORK which, under normal contracting practices, are performed by specialty SUBCONTRACTORS. The CONTRACTOR shall not award WORK to SUBCONTRACTOR(S), in excess of fifty (50%) percent of the CONTRACT PRICE, without prior written approval of the OWNER. The CONTRACTOR shall be fully responsible to the OWNER for the acts and omissions of his SUBCONTRACTORS, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The CONTRACTOR shall cause appropriate provisions to be inserted in all SUBCONTRACT relative to the WORK to bind SUBCONTRACTORS to the CONTRACTOR by the terms of the CONTRACT DOCUMENTS insofar as applicable to the WORK of SUBCONTRACTORS and to give the CONTRACTOR the same power as regards terminating any SUBCONTRACT that the OWNER may exercise over the CONTRACTOR under any provisions of the CONTRACT DOCUMENTS. Nothing contained in this CONTRACT shall create any contractual relation between any SUBCONTRACTOR and the OWNER. 30. ENGINEERS AUTHORITY The ENGINEER shall act as the OWNER’S representative during the construction period. He shall decide questions which may arise as to quality and acceptability of MATERIALS furnished and WORK performed. He shall interpret the intent of the CONTRACT DOCUMENTS in a fair and unbiased manner. The ENGINEER will make visits to the site and determine if the WORK is proceeding in accordance with the CONTRACT DOCUMENTS. The CONTRACTOR will be held strictly to the intent of the CONTRACT DOCUMENTS in regard to the quality of MATERIALS, workmanship and execution of the WORK. Inspections may be made at the factory or fabrication plant of the source of material supply. The ENGINEER will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. The ENGINEER shall promptly make decisions relative to interpretation of the CONTRACT DOCUMENTS. 31. LAND AND RIGHTS-OF-WAY Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land and rights-of-way necessary for carrying out and for the completion of the WORK to be performed pursuant to the CONTRACT DOCUMENTS, unless otherwise mutually agreed. The OWNER shall provide to the CONTRACTOR information which delineates and describes the lands owned and rights-of-way acquired. The CONTRACTOR shall provide at his own expense and without liability to the OWNER any additional land and access thereto that the CONTRACTOR may desire for temporary construction facilities, or for storage of MATERIALS. 32. GUARANTY The CONTRACTOR shall guarantee all MATERIALS and equipment furnished and WORK performed for a period of one (1) year from the date of FINAL ACCEPTANCE. The CONTRACTOR warrants and guarantees for a period of one (1) year from the date of FINAL ACCEPTANCE of the system that the complete system is free from all defects due to faulty MATERIALS or workmanship and the CONTRACTOR shall promptly make corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The OWNER will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or other WORK that may be make necessary by such defects, the OWNER may do so and charge the CONTRACTOR the cost thereby incurred. The CONTRACTOR shall, upon FINAL ACCEPTANCE of the WORK or a part thereof, submit a MAINTENANCE BOND, in the amount of the value of the completed WORK, guaranteeing the WORK to the CITY for a period of one (1) year from the date of FINAL ACCEPTANCE. The premiums on such BOND shall be paid by the CONTRACTOR. The MAINTENANCE BOND shall be filed with the CITY prior to the FINAL PAYMENT for the completed WORK. 33. TAXES The CONTRACTOR will pay all sales, consumer use and other similar taxes required by law of the place where the WORK is performed. 34. UNSUITABLE WEATHER CONDITIONS The ENGINEER shall have the right to stop work during rain or snow storms and all freshly places WORK, unless otherwise protected, shall be protected by canvas or other suitable covering in such a manner as to prevent running water from coming in contact with it. Sufficient covering shall be provided and kept ready for this purpose. The CONTRACTOR will not be entitled to extra compensation for WORK so stopped or delayed by the ENGINEER. WORK shall be done at night only in case of emergency and only upon the direction of the ENGINEER. The ENGINEER has the right to order work to be carried on at night, if in his opinion, it is for the best interest of the OWNER. WORK performed after dark shall be adequately illuminated and suitable and sufficient lighting facilities shall be provided for this WORK. No extra compensation will be allowed to the CONTRACTOR for WORK under this item. 35. SUNDAY, HOLIDAY, AND NIGHT WORK No WORK shall be performed between the hours of 6:00P.M. and 7:00A.M. nor on Sunday or legal holiday without the approval of the OWNER or the ENGINEER. However, WORK necessary for emergencies or for the protection of equipment or finished WORK may be done as required. 36. USE OF EXPLOSIVES 36.1 If it is necessary to use explosives in the performance of the WORK, the CONTRACTOR shall take out permits and comply with all the laws, ordinances and regulations governing same. He shall fully protect all completed WORKS as well as all overhead, surface, or underground structures and shall be liable for any damage done to the WORK or to other structures on public or private property and injuries sustained by persons by reason of the use of explosives in his operations. Explosives shall be handled, used and fired only by experienced persons. All firing shall be done by electricity. All explosive supplies shall be safely stored and protected in an approved manner. All such storage shall be marked clearly “DANGEROUS – EXPLOSIVES.” Caps or other exploders shall not be stored at the place where dynamite or other explosives are stored. 37. NOISE ELIMINATION The CONTRACTOR shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers in accordance with current government regulations. 38. WATER AND ELECTRICITY The CONTRACTOR shall make arrangements with the proper government officials and/or private parties for obtaining any water or electric power which may be needed. 39. SANITARY PROVISIONS The CONTRACTOR shall comply with all laws, rules and regulations of the State and Local Health Authorities and shall take the necessary precautions to avoid unsanitary conditions. Suitable sanitary conveniences for the use of all persons employed on the WORK, properly screened from public observation, shall be provided and maintained by the CONTRACTOR. 40. FOSSILS If any fossils or treasure or other unusual or valuable geological formations are found in the progress of excavating, such fossils, treasure or samples of geological formations shall be carefully preserved by the CONTRACTOR who shall convey such items to a State or Federal Agency concerned with their preservation and study. These items shall become the property of said State or Federal Agency. 41. CONSTRUCTION OBSERVATION The CONTRACTOR shall not begin the construction of any part of this improvement until he shall have notified the ENGINEER in writing of his intention to do so, stating the time when WORK is to commence. Such notice shall be at least forty-eight (48) hours prior to the time when actual WORK is to commence. In the event the CONTRACTOR temporarily leaves a job for more than two consecutive working days he shall submit such notice upon his return to WORK. The CONTRACTOR shall keep the ENGINEER advised as to WORK schedule. Any WORK performed at times of places outside of the established WORK schedule shall be regarded as contrary to and outside of the terms of this CONTRACT and the ENGINEER of his authorized representative may order such WORK torn out of removed and replaces without obligation on the part of the OWNER to pay for the same. No material of any kind shall be used on any part of this improvement until it has been inspected and approved by the ENGINEER. All rejected MATERIALS shall be removed from the line of this improvement by the CONTRACTOR within two working days after its rejection. Failure to condemn any inferior material or WORK at the time of its use on construction shall not be construed as an acceptance of the same, but the CONTRACTOR shall upon notice from the ENGINEER at any time prior to the final acceptance of the improvement immediately tear out, remove and properly reconstruct, at his own cost, any portion of this improvement which the ENGINEER may decide to be defective and the CONTRACTOR will be held wholly responsible for the safety, until proper construction and protection of the entire improvement until the same has been finally accepted. The CONTRACTOR shall furnish, without cost to the OWNER, all samples of material for testing purposes that may be required by the ENGINEER. The ENGINEER will make final inspection of all WORK included in the CONTRACT or any portion thereof, as soon as practicable after written notification by the CONTRACTOR that such WORK is nearing completion. If such WORK is not acceptable to the ENGINEER at the time of his inspection, he will advise the CONTRACTOR in writing as to the particular defects to be remedied before such WORK can be accepted. If, within a period of ten (10) days after such notification, the CONTRACTOR has not taken steps to speedily complete the WORK as directed, the ENGINEER may without further notice and without in any way impairing the CONTRACT, make such other arrangements as he may deem necessary to have such WORK completed in a satisfactory manner. The cost of completing such WORK shall be deducted from any monies due, or which may become due the CONTRACTOR on his CONTRACT. 42. DISPUTES AND LITIGATION Any questions arising between the CONSTRUCTION OBSERVER placed upon the WORK by the ENGINEER and the CONTRACTOR as to the meaning and intent of any party of the PLANS or SPECIFICATIONS for this improvement shall be immediately brought to the attention of the ENGINEER and will be resolved by him. Failure on the party of the ENGINEER or his representative to discover and condemn or reject bad or inferior WORK or MATERIALS shall not be construed as an acceptance of such WORK or material, or that party of the improvement in which the same may have been used. To prevent disputes and litigation, it is further agreed by the parties hereto that the ENGINEER shall determine the volume and quality of the several kinds of WORK embraced in these improvements. He shall decide all questions relative to the execution of the WORK and the interpretation of PLANS and SPECIFICATIONS. 43. CONTRACTOR’S RECORD LOCATIONS AND DOCUMENTATION The CONTRACTOR shall upon completion of the WORK, submit to the ENGINEER, a set of Record Documents showing the following item: 43.1a A list of all MATERIALS used on the PROJECT with the manufacturer’s name and model number. 43.1b Indica te any deviations in alignment and/or grade of utility lines from the PLANS. 43.1c List stationing from the downstream manhole for all sanitary sewer wye locations. 43.1d The elevation of the end of all sanitary sewer services. 43.1e The individual length of all sanitary sewer and watermain services. 43.1f The location of the ends of the sanitary sewer and watermain services through the use of “ties” to manholes, hydrants, valves, catch basins, etc. 43.1g The location of the termination of sanitary sewer and watermain mainlines through the use of “ties.” The documents shall show the length of sewer pipe at watermian extending past the last manhole or gate valve. Final payment will not be released to the CONTRACTOR until the Record Documents have been received and approved by the ENGINEER.