Condiciones Generales Uniformes para la Contratación de Obras Pública en Puerto Rico. Incluye Analisis de Flexibilidad

6.4.4.5.1.1. Contractor shall have an additional ten (10) days to make corrections and adjustments and to complete and resubmit the schedules. Owner's Representative shall approve said corrections within a period of ten (10) days from the date of re-submittal otherwise they shall be considered approved, provided Contractor has given notice & directly to Owner as required in Article 17.3.2. 6.4.4.5.1.1.1. The third progress payment shall not be paid to Contractor until acceptable schedules are submitted to Owner's Representative, or until schedules are considered approved as specified herein. 6.4.4.5.1.1.2. The Progress Schedule will be acceptable to Owner's Representative if in accordance with the Agreement it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Time. 6.4.4.5.1.1.3. Contractor's schedule of Shop Drawings and Sample submittals will be acceptable to Owner's Representative if it provides, in Owner's sole discretion, a workable arrangement for reviewing and processing the required submittals. 6.4.4.6. The first schedule submitted by the Contractor will be reviewed for format, as well as content. The Owner's Representative may request format changes. Once the format has been approved, all subsequent schedules shall be submitted in the approved format. 6.4.5 Four-week work plan. 6.4.5.1. A schedule in calendar time-scaled bar chart format depicting the Contractor's intended work activities for the upcoming four (4) week period shall be submitted on a monthly basis and shall be due on the day of the project's weekly meeting. Each activity of one (1) day or more in duration shall be indicated. - 33 UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.4.5.2. Any deviations, such as sequences of work, timing, and durations of activities from the approved Project Schedule, shall be noted and explained in writing. 6.4.5.3. The four (4) week work plan shall be submitted on sheets not less than 8 ½ inches by 11 inches, or as approved by the Owner's Representative. 6.4.6. Review, updates and revisions 6.4.6.1. The Owner's Representative will review and return to Contractor the schedule submittals, with written comments, within the following deadlines counted from the date of receipt. 6.4.6.1.1. Project CPM schedule: 14 calendar days. 6.4.6.1.2. Four (4) week work plan: 8 calendar days. 6.4.6.2. The Contractor shall make all corrections to the Project Schedule requested by the Owner's Representative and resubmit the schedule for approval. If the Contractor does not agree with the Owner's Representative's comments, the Contractor shall provide written notice of disagreement within five (5) days from the receipt of the Owner's Representative's comments. The Owner's Representative's comments on the four (4) week work plan for which the Contractor disagrees shall be resolved in a meeting held for that purpose, if necessary. 6.4.6.3. At least once each month, or often if indicated in the Contract Documents, the Contractor shall submit an updated schedule showing the progress of the Work to date and anticipated activities to be worked on. All updated schedules must comply with Article 6.4. 6.4.6.4. If, according to the approved Project Schedule, the Contractor is thirty (30) or more days behind as to the completion date of any milestone, or the schedule contains thirty (30) or more days of negative float, considering all & approved time extensions, the Contractor shall submit a revised schedule, showing a practical plan to complete the Work within the Contract Time. 6.5 Submittals for Approval, Substitutes and/or "Equals" 6.5.1. Submittal for Approval of Materials, Shop Drawings and Samples; Plans and Working Drawings; As-Built Plans. 6.5.1.1. The Contractor shall submit all submittals for approvals of Materials, Shop Drawings and Samples to the Owner's Representative. The Owner's Representative will either perform the review and approval, or forward the Contractor's submittal to the Architect/Engineer's for his review and approval, in accordance with the accepted itinerary for Shop Drawings and Sample submittals. 6.5.1.2. All submittals will be identified as required by Owner's Representative and presented with the number of copies specified in the Contract Documents. If a number is not mentioned, seven (7) copies will be submitted. Of these seven (7) copies, four (4) shall be returned, duly evaluated, to the Contractor. 6.5.1.3. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Owner's Representative the services, materials, and equipment Contractor proposes to provide and to enable Owner's Representative to review the 34 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS information for the limited purposes of complying with the requirements of Article 6.17. 6.5.1.4. The Architect/Engineer or the Owner's Representative shall have the following deadlines within which to approve, request additional information or reject any Submittal for Approval of Materials, Shop Drawings and Samples: 6.5.1.4.1. For Materials, Shop Drawings or Samples which are the ones specified in the Contract Documents or are, in the opinion of the Owner's Representative, non-complex Shop Drawings or Materials, the Architect/Engineer or Owner's Representative shall have a period of ten (10) working days. 6.5.1.4.2. For Materials, Shop Drawings or Samples not complying with the requirements indicated in the previous Article, the period shall be twenty (20) working days. 6.5.1.4.3. If no comment by the Architect/Engineer or Owner's Representative is made within said period of time, the Contractor will have the right to Claim if said delay impacts the critical path. 6.5.1.4.4. The above mentioned deadlines can be extended if requested in writing by the Architect/Engineer and/or Owner's Representative as long as approval is made within a time period that does not alter the critical path. Such request for extension shall not be unreasonably denied. 6.5.1.5. Each Sample will be identified clearly as to material, supplier, pertinent data such as catalog numbers, and the use for which it is intended or otherwise as Owner's Representative may require, to enable the Architect/Engineer or the Owner's Representative to review the submittal for the limited purposes of complying with the requirements of Article 6.17. 6.5.1.5.1. The numbers of items each Sample to be submitted will be as specified in the Specifications. If no number of items is mentioned, three (3) samples will be submitted. Of these, three (3) samples, two (2) shall be returned, duly evaluated, to the Contractor. 6.5.2. Where an approval of Materials, Shop Drawing or Samples is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals, any related Work performed, including materials purchases, prior to Owner's Representative, or Architect/Engineer's review and approval of the pertinent submittal will be at the sole responsibility of Contractor. 6.5.3. Submittal Procedures. 6.5.3.1. Before delivering each submittal for approvals of Material, Shop Drawing or Sample, Contractor shall have: 6.5.3.1.1. verified that all shop drawing measurements, quantities, shop drawing dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information are in accordance with the Contract Documents and if not in accordance, ascertained that all variations are indicated in the submittal; 6.5.3.1.2. verified all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; 6.5.3.1.3. verified all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and 35 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.5.3.1.4. Contractor shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings or Samples and with the requirements of the Work and the Contract Documents. 6.5.3.2. Each submittal shall bear a stamp or specific written indication that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. If required in the Special Conditions, submittals for Materials and Samples must bear a notarized certificate of compliance. 6.5.3.3. At the time of each submittal, Contractor shall give Owner's Representative specific written notice of such variations, if any, that the submittal for approvals of material, Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication included with the submittal. 6.5.4. The Architect/Engineer or Owner's Representative's Review. 6.5.4.1. Owner's Representative, either himself or through the Architect/Engineer, will perform a timely review, evaluation and comment of Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to Owner's Representative. If no comment by the Owner's Representative is made within the time stated in this Article 6.5 the Contractor will have the right to claim pursuant the provisions of Article 11.5, if said delay impacts the critical path. 6.5.4.1.1. The Architect/Engineer or the Owner's Representative review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 6.5.4.1.2. The Architect/Engineer or the Owner's Representative's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. 6.5.4.1.2.1. The review and approval of a separate item, as such, will not indicate approval of the assembly in which the item functions. 6.5.4.1.3. The Architect/Engineer or the Owner's Representative's review and approval of Shop Drawings or Samples shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called the Architect/Engineer or the Owner's Representative attention to each such variation at the time of each submittal as required by Article 6.17 and the Architect/Engineer or the Owner's Representative has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by the Architect/Engineer or the Owner's Representative relieve Contractor from responsibility for complying with the requirements of Article 6.17. 6.5.5. Re-submittal Procedures. 6.5.5.1. Contractor shall make corrections required by the Architect/Engineer or the Owner's Representative and shall return the required copies of materials submittals, the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. - 36 UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.5.6 Substitutes and "Or-equals". 6.5.6.1. Whenever an item or material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Owner's Representative for review under the circumstances described below. The Contractor will present his submittal for approval, indicating whether the item of material or equipment proposed is an Or Equal or a Substitute. 6.5.6.2. "Or-Equal" Items: If in Owner's Representative's sole discretion an item, or material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it will be considered by Owner's Representative as an "or-equal" item, in which case review and approval of the proposed item be accomplished without compliance with the special requirements for approval of the proposed substitute items and be acceptable or acceptable with comments. Owner's Representative's basis for rejection of the item of material or equipment as an "or equal" material shall be written and may be subject to appeal, as specified in Article 11.5 of these General Conditions, by Contractor. For the purposes of this Article, a proposed item of material or equipment will be considered functionally equal to an item so named if: 6.5.6.2.1. In the exercise of reasonable judgment, Owner's Representative determines that: 6.5.6.2.1.1. it is at least equal in quality, durability, appearance, strength, and design characteristics; 6.5.6.2.1.2. it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; 6.5.6.2.2. Contractor certifies that: 6.5.6.2.2.1. there is no increase in cost to the Owner; and 6.5.6.2.2.2. it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 6.5.6.2.2.3. Owner's Representative shall make the decision on the "or equal" material with sufficient time so as not to alter the Contractor's Programmed Schedule of the Work. If no comment by the Owner's Representative is made within said period of time, the Contractor will have the right to Claim pursuant the provisions of Article 11.5 if said delay impacts the critical path. 6.5.6.3. Substitute Items 6.5.6.3.1. If in Owner's Representative's sole discretion an item or material or equipment proposed by Contractor does not qualify as an "or-equal" item under Article 6.5.6, it will be considered a proposed substitute item. 6.5.6.3.2. Contractor shall submit sufficient information as provided below to allow Owner's Representative to determine that the item or material or equipment proposed is essentially equivalent to that specified and an acceptable substitute therefore. 6.5.6.3.2.1. Requests for review of proposed substitute items, material or equipment will not be accepted by 37 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS Owner's Representative from anyone other than Contractor. 6.5.6.3.3. The procedure for review by Owner's Representative will be as set forth in Article 6.5.6, as supplemented in these General Conditions and as Owner's Representative may decide is appropriate under the circumstances. 6.5.6.3.4. Contractor shall first make written application to Owner's Representative for review of a proposed substitute item, material or equipment that Contractor seeks to furnish or use. 6.5.6.3.4.1. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. 6.5.6.3.4.2. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's timely achievement of Substantial Completion, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. 6.5.6.3.4.3. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. 6.5.6.3.4.4. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by Owner's Representative in the evaluation of the proposed substitute item. 6.5.6.3.4.5. Owner's Representative may require Contractor to furnish additional data about the proposed substitute item. 6.5.6.3.5. Owner's Representative shall make the decision on the "substitute" material with sufficient time so as not to alter the critical path. If no comment by the Owner's Representative is made within said period of time, the Contractor will have the right to Claim pursuant the provisions of Article 11.5 if said delay impacts the critical path. 6.5.6.3.6. Owner's Representative's basis for rejection of a "substitute" material shall be written and may be subject to appeal and Claim by Contractor, as specified in Article 11.5. 6.5.6.4. If a Substitute item is approved by the Owner and such change affects the Contract Price, then the Contract Price shall be equitably adjusted. 6.5.7. Substitute Construction Methods or Procedures. 6.5.7.1. If a specific means, method, technique, sequence, or procedure of construction is shown, or indicated in, or expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Owner's Representative. 6.5.7.1.1. Contractor shall submit sufficient information to allow Owner's Representative, in Owner's - 38 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS Representative's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Such submittal shall be made with sufficient time as to allow the Owner's Representative to review it. 6.5.7.1.1.1. The procedure for review by Owner's Representative will be similar to that provided in section 6.5.6 but no Claim may be made by contractor due to untimely evaluation by Owner. 6.5.8. Owner's Representative's Evaluation. 6.5.8.1. Owner's Representative or Architect/Engineer will be allowed a reasonable time, which will not unreasonably delay the critical path of the Work, within which to evaluate each proposal or submittal made pursuant to Article 6.5. 6.5.8.2. Except as provided above. Owner's Representative will be the sole judge of acceptability. 6.5.8.3. No "or-equal" or substitute will be ordered, installed or utilized until Owner's Representative's review is complete, which will be evidenced by written approval by Owner for a substitute or an approved Shop Drawing or an "or-equal." 6.5.8.4. Owner's Representative will advise Contractor in writing of any negative determination. 6.5.8.5. Owner's Representative will charge Contractor for any overtime expenses and other costs incurred in the evaluation of a proposed substitute, similar, or equal materials, unless said proposal was submitted by Contractor with reasonable time as to afford the Owner the time necessary to analyze the submittal without affecting the Project Schedule. 6.5.9. Special Guarantee. 6.5.9.1. Owner's Representative may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. 6.5.10. Contractor's Expense. 6.5.10.1. Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.5.11. Approval of Submittals. 6.5.11.1. If within the periods of time provided under this Article 6 for approval of submittals made by the Contractor, the Owner's Representative fails to render his decision as to any submittal and the critical path is adversely affected, the Contractor shall require in writing the approval of the Owner's Representative, who shall have ten (10) working days to issue his decision. If no decision is forthcoming from the Owner's Representative within the stated time, for reasons other than due to the fault of Contractor, the submittal shall be considered approved, provided Contractor has also given the same timely notice directly to Owner required in Article 17.3.2 6.6 Review of Contract Documents 6.6.1. The Contractor shall carefully study and compare the Contract Documents with each other and with - 39 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS information furnished by the Owner and shall at once report to the Owner, Architect/Engineer, and Owner's Representative any error, inconsistency or omission he may discover. 6.6.1.1. The Contractor shall not be liable to the Owner for any errors, inconsistencies or omissions in the Contract Documents. 6.6.1.2. The Contractor shall not take advantage of any such errors, inconsistencies, or omissions. 6.6.1.3. The Owner's Representative after being notified by the Contractor of such errors, inconsistencies or omissions will make the corrections and interpretations deemed necessary for fulfilling the intent of the Contract Documents, within a reasonable time so as not to alter the programmed progress of the Work. If no comment by the Owner's Representative is made within said time the Contractor will have the right to Claim pursuant the provisions of Article 11.5 if said delay impacts the critical path. 6.7 Patent, Fees and Royalties 6.7.1. Contractor shall pay all license fees and royalties and assume all costs incident to the use, in the performance of the Work or the incorporation in the Work, of any invention, design, process, product, or device which is the subject or patent rights or copyrights held by others. 6.7.2. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Architect/Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. 6.7.3 To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Architect/Engineer, Architect/Engineer's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges or engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.8 Permits 6.8.1. Unless otherwise indicated in the Contract Documents, the responsibilities for securing and paying for permits, governmental fees and licenses for work to be performed are as follows: 6.8.1.1. To obtain the Construction Permit, the Contractor shall pay the premiums to secure the State insurance Fund policy and the Municipal Construction Taxes, at the rate that is in effect at bid date, unless the Contractor is explicitly not obligated to pay said taxes under the terms and provisions of the Contract Documents, in which case, shall so be specifically stated in the Contract Documents. The Owner shall secure all the Architect or Engineer's and Owner's Representative's certificates necessary and pertinent needed to secure the Construction Permit as well as submit applications and secure the permits for the Plan CES and for the Federal Storm Water Drainage plan, if same is required for the Project. 6.8.1.2. To obtain the Use Permit, the Contractor shall secure the endorsements required for said Use Permit from all government agencies, unless one or more of these cannot be obtained due to circumstances beyond the control of the - 40 UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS Contractor. The Owner must ascertain that the reports required for the Use Permit from the Architect or Engineer and Owner's Representative are duly filed with "Oficina de Gerencia de Permisos" and must also obtain any of the above mentioned endorsements that cannot be obtained due to circumstances beyond the control of Contractor. 6.8.1.3. All payments due, or to become due, to any agency, public or private, for connection to, or improvement of any of said agencies' infrastructure (Impact Fees) shall be paid by the Owner with sufficient time so as not to adversely affect the critical path of the Work. 6.8.1.4. The Contractor shall secure and pay for all incidental permits required for the completion of the Work, unless such incidental permits deviate from the normal procedures, or costs, of the requiring agency and shall do so in a timely manner so as not to adversely affect the critical path of the Work. 6.8.1.5. Any other fees or charges related to permitting to be paid by the Contractor will be indicated in the special conditions. 6.8.1.6. The duties of Owner and of Contactor stated in this Article 6.8 shall be performed in a timely manner as to not adversely affect the critical path of the Work. 6.9 Laws and Regulations 6.9.1. Contractor shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. 6.9.1.1. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner, nor Owner's Representative nor Architect/Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. 6.9.1.2. Should the Contractor observe that the Contract Documents are at variance with any Federal, Commonwealth and Municipal laws, ordinances, rules, regulations, by-laws, and all orders or decrees, he shall promptly notify the Owner's Representative in writing and the Owner's Representative shall instruct the Contractor, also in writing, as to how Contractor is to proceed. Any additional cost and /or extra time incurred by the Contractor to comply with Laws and Regulations enacted after the bid opening date, it may file a claim for equitable adjustment of the Contract Price or the Contract Time or both, as shall any decrease in cost or time resulting therefrom. 6.9.1.3. If the Contractor performs any work knowing it to be contrary to Federal, Commonwealth and Municipal laws, ordinances, rules, regulations, by-laws, orders or decrees, the Contractor shall assume full responsibility therefore, and shall bear all cost arising there from. 6.9.1.4. The Contractor shall save the Owner and its authorized representatives harmless from any claim or liability arising from or based on the infraction or violation of any such laws, ordinances, rules, regulations, by-laws, all orders or decrees, except if the infractions or violations are caused by acts of the Owner, or of Owner's authorized representatives. 6.9.1.5. If Contractor performs any Work knowing or having reason to know that he is acting contrary to said Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred as a consequence thereof. It shall not be Contractor's primary responsibility to make certain 41 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not release Contractor of Contractor's obligations hereunder. 6.10 Taxes 6.10.1. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work and which were in effect at the bid opening date. 6.10.1.1. Among said taxes, the Contractor shall pay the municipal construction taxes applicable to the Project in a timely fashion, but no later than fifteen (15) calendar days after the first partial (certification) payment is made by the Owner to Contractor. 6.10.1.2. If specifically stated in the Contract Documents, the Municipal Construction tax rate may be determined between Owner and the municipal government where the project is to be located, in such case a specific rate shall be established by the mayor and the municipal legislature, and notified to the Contractor before bid time. If no such rate is indicated in the Contract Documents regarding such arrangement between Owner and the municipal government, then the Contractor shall pay at the rates prevailing at the time of the bid. 6.10.1.1.1. The Contractor shall furnish and deliver to the Owner written evidence that said payment(s) was made before the second partial (certification) payment is made by the Owner to Contractor. 6.10.1.1.2. In case that the Contractor does not furnish and deliver said evidence of payment, the Owner shall deduct from said partial (certification) payments the undisputed amount of municipal tax plus any penalties and fines and pay it directly to the municipality. 6.10.1.1.2.1. If the amount of the second partial (certification) payment is not enough to cover the total amount of the municipal tax, the Owner shall continue to deduct from the following partial (certification) payments until the undisputed amount is paid in full. 6.10.1.1.2.2. The direct payment provided for in Article 6.10.1.1.2 shall be effected after the retainage required in Article 13.2.2 is deducted. 6.11 Use of Site and Other Areas 6.11.1. Limitation on Use of Site and Other Areas. 6.11.1.1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. 6.11.1.1.1. Contractor shall assume full responsibility for any damage to any such land or area, or to the Owner or occupant thereof, or of any adjacent land or areas, resulting from the performance of the Work. 6.11.1.1.2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly resolve the dispute with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. - 42 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.11.1.1.3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold Owner, Architect/Engineer, Architect/Engineer's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them harmless from and against all claims, costs, losses, and damages (including but not limited to all fees and charges or engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Architect/Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. 6.11.2. Removal of Debris during Performance of the Work. 6.11.2.1. During the progress of the Work, Contractor shall keep the Site and other areas free from excessive accumulations of waste materials, rubbish, and other debris caused by his operations on the Site. 6.11.2.1.1. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. 6.11.3. Cleaning. 6.11.3.1. Prior to Substantial Completion of the Work Contractor shall clean the Site and make it ready for utilization by Owner. 6.11.3.1.1. At the completion of the Work Contractor shall remove from the Site all tools, appliances, x construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. 6.11.3.1.1.1. If the Contractor fails to clean up as indicated above, the Owner may do so and the cost thereof shall be charged to the Contractor. 6.11.4. Loading Structures. 6.11.4.1. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.11.4.2. Owner's Representative shall not permit any of the Owner's Other Contractors, his personnel, or any other entity performing work for him directly at the Site, to load any part of any structure in any manner that will endanger the structure, nor shall Owner's Representative subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.11.5. Rights To and Use of Materials Found On the Work. 6.11.5.1. The Contractor, with the prior written approval of the Owner's Representative, may use to perform the Work materials obtained from existing structures at the Site which are to be removed that are determined by the Owner's Representative to be acceptable for a use approved in writing by Owner's Representative. 6.11.5.2. Unless otherwise provided in the Contract Documents, material from any existing structures to be removed may be used temporarily by the Contractor in the erection of new structures. 43 UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.11.5.2.1. If the material is to be salvaged for the Owner, its modification will not be permitted except as approved by the Owner's Representative. 6.11.5.2.2. Unless otherwise specified in the Contract Documents, all soil existing at the Project Site will be considered fit to be used as fill in the performance of the Work if such soil meets the Project's field fill criteria. 6.12 Record Document 6.12.1. Contractor shall maintain in a safe place at the Site one (1) record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Extra Work Orders, Work Change Directives, Field Orders, permits, and written interpretations and clarifications in good order and annotated showing changes made during construction. 6.12.1.1. Said documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Architect/Engineer and the Owner's Representative. 6.12.1.2. If not previously submitted, prior to Final Acceptance, said documents, Samples, and Shop Drawings will be delivered to Owner's Representative for delivery to Owner. 6.13 Safety and Protection 6.13.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.13.1.1. all persons on the Site or who may be affected by the Work; 6.13.1.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 6.13.1.3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. 6.13.2. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. 6.13.2.1. Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. 6.13.2.2. All damage, injury, or loss to any property referred to in Articles 6.13.1.2 or 6.13.1.3 caused, directly or indirectly, in whole or in part, by Contractor any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Architect/Engineer or Architect/Engineer's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or - 44 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS indirectly employed by any of them). 6.13.2.3. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Owner's Representative has issued a notice to Owner and Contractor of Final Acceptance of the Work (except as otherwise expressly provided in connection with Substantial Completion). 6.13.3. If so provided in the bid documents, the Owner has the right to establish any reasonable monetary penalties for violations of this Section 6.13. 6.14 Safety Representative 6.14.1. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. The safety representative at the Site may have other duties assigned to him. 6.15 Hazard Communication Programs 6.15.1. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available at the Site in accordance with Laws or Regulations. 6.16 Plans and Working Drawings; As-Built Plans. 6.16.1. Plans and Working Drawings. 6.16.1.1. The detail Plans and Specifications for the Project have been prepared by licensed and collegiate competent Architect/Engineer exercising reasonable care and are intended to show as clearly as is practicable the Work required to be performed. Contractor will rely on the accuracy of said drawings, specifically in their compliance with all applicable codes and regulations in effect on the bid opening date. 6.16.1.1.1. The Contractor realizes, however, that construction details cannot always be accurately anticipated and that in executing the Work, field conditions may require reasonable minor modifications in the details of plans and quantities of Work. 6.16.1.1.1.1. Therefore, all Work must be carried out taking into account the mentioned considerations as well as field conditions, to the satisfaction of the Owner's Representative, and in accordance with his instructions and with the Contract Documents. 6.16.2 Working Drawings 6.16.2.1. The Plans will be supplemented by such Working Drawings as are necessary to adequately control the Work. 6.16.22. Working Drawings for structures shall be furnished by the Contractor and shall consist of such detailed Plans as may be required to adequately control the Work and to complement the Plans furnished by the Owner. 6.16.2.3. They shall include, among others, stress sheets, shop drawings, erection plans, false work plans, 45 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS cofferdam plans, bending diagrams for reinforcing steel or any other supplementary plans or similar data required of the Contractor. 6.16.3. Working Drawings and related documents submitted for manufactured and shop-fabricated products shall be accompanied by a certification from the manufacturer that the materials and/or equipment meet all the requirements of the Specifications. 6.16.3.1. In the event that any item is not exactly in accordance with the requirements of the Plans and Specifications, the certificate shall identify and explain each such difference. 6.16.4. Unless otherwise indicated, all Working Drawings are subject to review and acceptance by the Owner's Representative. 6.16.4.1. Such review and acceptance shall not release the Contractor from any of his responsibilities for the safe and successful completion of the Work. 6.16.4.2. The cost of preparing and furnishing all required Working Drawings is included in the Contract Price and no separate payment will be made for such Drawings. 6.17 As Built Record Drawings 6.17.1. The Contractor shall keep at the Site a copy of the Drawings marked in a neat manner that record all changes made during construction. + 6.17.1.1. The set of provisional record Drawings shall be kept up to date and submitted for the inspection and approval of the Owner's Representative, at least five (5) days prior to any partial monthly payment, unless otherwise required in the Contract Documents. 6.17.2. Prior to Final Acceptance, the Contractor shall deliver the as built Drawings to the Owner's Representative. 6.17.2.1. These Drawings will be used as the draft for the preparation of the final As Built Drawings for the Project by Architect/Engineer. 6.17.3. The Architect/Engineer will, with the full cooperation of Contractor and of the Owner's representative prepare final as-built record drawings in reproducible form as reasonably required by Owner, to be delivered to the Owner. 6.17.3.1. The Owner will cause the Architect/Engineer to submit, with enough time so as not to adversely alter the critical path of the Work, the revised as-built drawings to the required governmental entities and obtain the approval of an amended Construction Permit, if same is required, and deliver the same to Owner and Contractor. This amended Construction Permit will be used to obtain the Use Permit for the project. 6.18 Notice to Proceed. 6.18.1. After the Agreement has been executed, the Contractor will be formally notified to proceed with the Work or service provided in the Contract Documents. 6.18.1.1. The Notice to Proceed will stipulate the date on which Owner expects the Contractor will begin construction and the date on which Contract Time will commence to run. 46 UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.18.1.2. Pre-Construction Conference. 6.18.1.2.1. Prior to the start of the Project the Owner will summon all interested parties to a Pre-construction Conference in order to organize the start of the work and other matters. If no such conference is summoned by the Owner, and in any event, the Contractor may start the Work on the date stated in the Notice to Proceed. 6.18.2. Prosecution and Progress. 6.18.2.1. After obtaining written permission issued by the Owner, the Contractor may assemble materials and equipment and start preliminary Work as soon as he is notified of the award, but no responsibility for acceptance and payment of the Work so performed shall be assumed by the Owner until and unless the Contract has been executed and the order to proceed issued. 6.18.2.2. The rate of progress in the prosecution of the Work shall be compared in accordance with Articles 4.2 and 4.3 with approved Progress Schedule as the Work progresses. 6.18.2.2.1. If the Contractor is at fault for falling thirty (30) working days or more behind the approved schedule or ten percent (10%) of Contract Time, whichever is less, Contractor shall submit a revised schedule for completion of the Work within the Contract Time and modify his operations, including, but not limited to, working overtime and on Saturdays, Sundays and legal holidays, to providing such additional materials, equipment and labor as necessary to comply with the revised schedule. Any additional cost caused by the modified schedule will be at Contractor's expense. 6.18.2.3. Should the prosecution of the Work be discontinued for any reason, the Contractor shall notify the Owner's Representative at least twenty-four (24) hours in advance of resuming operations. 6.18.3. Conformity with Plans and Specifications. 6.18.3.1. All work performed and materials furnished shall be in reasonably close conformity with the Plans and other Contract Documents requirements. 6.18.3.2. Plan dimensions and Contract Specification values are to be considered the target values to be strived for and complied with as the design values to which any allowed tolerances are applied. 6.18.3.2.1. Materials and workmanship shall be uniform in character and shall be reasonably close to the prescribed target value or to the middle portion of the tolerance range. 6.18.3.3. When the Specifications include an acceptance plan for any construction or characteristic of materials, the acceptance plan will be used by the parties to determine the attainment of Reasonably Close Conformity with plans and specifications and to assign a value to the non-conforming work which does not meet that standard. 6.18.4 Cooperation with Utilities. 6.18.4.1. The Owner will notify all utility companies, all pipe line owners, or other parties affected, and endeavor to have all necessary adjustments of the public or private utility fixtures, pipe lines, and other 47 UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS appurtenances within or adjacent to the limits of construction, which are not to be performed by the Contractor, made in accordance with the Project construction schedule. 6.18.4.2. Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, and all other utility appurtenances within the limits of the proposed construction which are to be relocated or adjusted, are to be moved by their respective owners except for those to be moved by the Contractor as specifically provided in the Contract Documents. 6.18.4.3. It is understood and agreed that the Contractor has considered in his proposal all of the permanent and temporary utility appurtenances in their present or relocated positions as if same are shown on the plans and that no additional compensation will be considered for any delays, inconvenience, or damages sustained by Contractor due to any interference from the said known utility appurtenances or the operations of moving them, except in the case of failure by a utility to reasonably comply with its responsibility in relocating or adjusting its facility as required. 6.18.4.4. Prior to commencing Work, the Contractor shall make arrangements to protect the properties of all public and private utilities and other property within and adjacent to the Work area, if indicated in the Contract Documents, from damage by his construction operations. 6.18.4.5. Contractor shall cooperate with the utility owners in the removal and rearrangement of any underground or overhead utility lines or facilities to minimize interruption to service and duplication of work by the utility owners. 6.18.4.6. In the event of interruption to water or other utility services as a result of accidental breakage, or as a result of being exposed or unsupported, the Contractor shall promptly notify the proper authorities and shall cooperate with them in the restoration of service as promptly as possible. 6.18.4.7. Fire hydrants shall be kept accessible to the Fire Department at all times and no Work shall be undertaken near fire hydrants until provisions for continued service have been made. 6.18.4.8. Contractor shall be responsible for the repair costs of any damage to utility facilities caused by his equipment or operations, except for underground facilities whose existence or approximate location was previously unknown. 6.18.5. Materials. 6.18.5.1. Source of Supply and Quality Requirements. 6.18.5.1.1. The materials used in the Work shall meet all quality requirements of the Contract Documents. 6.18.5.1.2. Unless otherwise provided in the Contract Documents, all materials used in the Work shall be furnished by the Contractor from sources selected by the Contractor. 6.18.5.1.3. Materials will be tested and approved when delivered to the Project or in their final position after incorporation to the Work as provided by the individual specifications. 6.18.5.1.4. At the option of the Owner's Representative, sources of materials may be given preliminary approval before delivery is started. 6.18.5.2. Procurement and Delivery of Materials. 48 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.18.5.2.1. The Contractor shall schedule the delivery at the Site of all materials and equipment required for the execution and completion of the Work at a time convenient to him SO as to avoid delays in the prosecution of the Work and to allow completion of the Work within the Contract Time specified in the Contract Documents. 6.18.5.3. Earthwork Material Sources. 6.18.5.3.1. Designated Sources. 6.18.5.3.1.1. Specific sources of materials from offsite or onsite locations may be designated on the Plans and described in the Contract Documents. 6.18.5.3.1.2. Unless otherwise provided in the Contract Documents, direct payment will be made for development, preparation, erosion control, hauling and restoration of material sources or related work areas and sites. 6.18.5.3.2. Contractor Sources. 6.18.5.3.2.1. When no materials sources are designated in the Contract Documents, or if the Contractor desires to use materials from sources other than those designated, the Contractor shall be responsible for acquiring the necessary rights to take materials from the sources selected, for determining that the materials meet the specified requirements, and he shall bear all expenses for the exploration, development, erosion control and restoration of such sources, and for all costs of hauling the materials. Contractor will make sure that his sources of materials have the required permits. 6.18.5.4. Contractor's Quality Control. 6.18.5.4.1. The Contractor is responsible for the quality of all materials and workmanship furnished in the construction of the Project. 6.18.5.4.1.1. If specifically required in the Supplementary General Conditions, the Contractor shall provide his own quality control system and procedures including all personnel, equipment, supplies and facilities necessary to obtain samples, perform tests, evaluate test results and adequately control his work in order to insure that all such materials and workmanship meet the Contract requirements. 6.18.5.4.2. The Contractor shall, in all instances, perform his own process control sampling, testing and inspection during all phases of the Work as often and at a rate sufficient to assure that the Work conforms to the Contract requirements. 6.18.5.4.2.1. The Contractor shall insure that all of the testing equipment to be used is properly calibrated and meets the specifications applicable to each specified test procedure. 6.18.5.4.3. The cost of complying with Contractor's quality control obligations referred to in Article 6.18.5.4 is included in the Contract Price and no additional payment will be made therefore. 6.18.5.5. Storage of Materials. 49 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.18.5.5.1. Materials shall be so stored as to assure the preservation of their quality and fitness for incorporation to the Work. 6.18.5.5.1.1. Stored materials, even though approved before storage, may again be inspected at any time prior to or during their incorporation to the Work. 6.18.5.5.1.2. Stored materials shall be located so as to facilitate their prompt inspection. 6.18.5.5.2. When authorized by the Owner's Representative, portions of the Project Site may be used for storage purposes and for the placing of the Contractor's plant/facilities and equipment provided that they are located so as not to constitute a hazard to the construction of the Project or otherwise. 6.18.5.5.2.1. Any additional space required therefore must be provided by the Contractor at his expense. 6.18.5.5.3. Private property may be used for storage purpose with written permission of the Owner or lessee, and, if requested by the Owner's Representative, copies of such written permission shall be furnished to him. 6.18.5.5.4. All temporary storage areas and plant sites shall be restored to their original condition by the Contractor, at his expense, in a manner acceptable to the Owner's Representative. 6.18.5.6. Handling of Materials. + 6.18.5.6.1. All materials shall be handled in such manner as to preserve their quality and fitness for incorporation to the Work. 6.18.5.7. Materials Furnished by the Owner. 6.18.5.7.1. The Contractor shall furnish all materials required to complete the Work, except those indicated in the Contract Documents to be furnished by the Owner. 6.18.5.7.2. Except as provided in Article 6.18.5.7.4, if the material to be furnished by the Owner is to be delivered to the jobsite, the Owner, unless specified otherwise in the Contract Documents, will furnish the material to the Contractor at no cost to the Contractor and the Owner will pay for all transportation, insurance, taxes and other cost related to the furnishing of the material to the jobsite. Cost of unloading is included in the Contract Price and Contractor shall receive no additional compensation for unloading. 6.18.5.7.3. If the material to be furnished by the Owner is to be delivered to the jobsite, the Contract Documents will indicate the delivery schedule. If no such schedule is indicated, the delivery will be made as agreed by the parties. Owner shall program the delivery schedule as not to adversely affect the critical path. 6.18.5.7.4. If the material to be furnished by the Owner is not to be delivered to the jobsite the Contract Documents will indicate the terms and conditions of said delivery. If no terms and conditions are included in the Contract Documents then the cost of delivery to the jobsite is not included in the Contract Price. 6.18.5.7.5. If the material to be furnished by the Owner is not to be delivered to the jobsite the Contract Documents will indicate the date and time of availability of the material. If no such date and time is indicated, the material will be available by agreement as not to impact the critical path. - 50 UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.18.5.7.6. The material to be furnished by the Owner will include all ancillary items included in the Technical Specification that describes the material to be furnished by the Owner, unless indicated otherwise in the Contract Documents. 6.18.5.7.7. The Owner warrants that the materials furnished by the Owner to the Contractor are of a quality sufficient for the purpose of their use. The Owner further warrants that the material to be furnished is Equal or Similar to that specified in the Technical Specification that describes the material to be furnished by the Owner. 6.18.5.7.8. The material furnished by the Owner will be of sufficient quantity including normal construction breakage, waste and shrinkage to complete the Work, unless the Contract Documents indicate otherwise. 6.18.5.7.9. The Contractor will be responsible for all Owner furnished materials delivered or made available to him in accordance with the terms and conditions of this section. If due to the fault of the Contractor, the Owner has to supply more material to the Contractor than indicated in the Contract Documents, the Owner may deduct this cost from any Partial Payment or Retainage due to the Contractor. 6.18.5.7.10. If the Owner's Representative has informed in a timely manner, the date or schedule of delivery of the material, the Contractor will be liable for all demurrage charges if he fails to receive the Owner furnished material within the time limit or schedule specified. + 6.18.5.7.11. Unless otherwise indicated in the Contract Documents, all costs at jobsite including unloading, handling, warehousing and Installation of the Owner furnished material are included in the Contract Price and Contractor shall not receive additional compensation therefore. 6.18.5.8. Certification of Compliance. 6.18.5.8.1. When a certification of a material or assembly is required by the Contract, each lot of such materials or assemblies delivered to the Site shall be accompanied by certificate of compliance in which the delivered material or assembly is clearly identified. 6.18.5.8.2. Commercially manufactured products shall be accompanied by certificates signed by the manufacturer and, when required, supported by tests performed by the manufacturer. Certified copies of such test results shall be furnished to the Owner's Representative. 6.18.5.8.3. Materials or assemblies accompanied by certificates of compliance may be sampled and tested at any time and if found not to be in conformity with Contract Documents will be subject to rejection at any time whether incorporated to the Work or not. 6.18.5.8.3.1. Removal of such rejected materials will be at the Contractor's expense, unless such materials have been supplied by the Owner and it was Owner's duty to test for conformity with the Contract Documents. 6.18.6 Contractor shall carry on the Work and adhere as reasonably as possible to the Progress Schedule during all Disputes or disagreements with Owner. 6.18.6.1. If the Dispute or disagreement hinders the ability of the Contractor to carry on the Work, the Contractor shall so inform the Owner. 51 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.18.6.2. If the Dispute allows more than one course of action to be followed in the prosecution of the Work, the Owner's Representative may instruct the Contractor on the course of action to be followed. 6.18.6.3. No Work shall be delayed or postponed pending resolution of any Disputes or disagreements, except as permitted in section 15.4 or as Owner's Representative and Contractor may otherwise agree in writing. 6.18.7. Limitations on Operations. 6.18.7.1. Unless otherwise specified in the Contract Documents, the Contractor shall not open up new Work to the prejudice or detriment of Work already started. 6.18.7.1.1. In lineal projects, the Owner's Representative may require the Contractor to finish a section on which Work is in progress before Work is started on any additional section, if the opening of such section is essential to public safety or convenience. 6.18.7.1.2. If said order causes the Project to be delayed, the Contract Price and/or Contract Time shall be equitable adjusted. 6.19 Contractor's General Warranty and Guarantee 6.19.1. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents + and will not be deficient. Contractor's warranty and guarantee hereunder excludes defects or damage after substantial, or partial completion and occupancy caused by: 6.19.1.1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 6.19.1.2. normal wear and tear under normal usage by Owner or individuals or entities for whom Owner is responsible. 6.19.2. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 6.19.2.1. observations by Architect/Engineer and/or Owner's Representative; 6.19.2.2. recommendation by Owner's Representative or payment by Owner of any progress or final payment; 6.19.3. the issuance of a certificate of Substantial Completion by Owner's Representative or any payment related thereto by Owner; 6.19.4. use or occupancy of the Work or any part thereof by Owner; 6.19.3. The Contractor warrants to the Owner that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all Work will be free from faults and defects and in conformance with the Contract Documents for the time periods specified in the Contract Documents or for one (1) year, whichever is 52 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS longer, unless otherwise specified in the Contract Documents. 6.19.3.1. If required by the Owner's Representative, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 6.20 Indemnification 6.20.1. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Architect/Engineer, Architect/Engineer's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 6.20.1.1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting there from; and 6.20.1.2. only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. 6.20.2. The indemnification obligations of Contractor under section 6.20.1 shall not extend to the Architect/Engineer and Architect/Engineer's Consultants or to their officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 6.20.2.1. errors and/or omissions in the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 6.20.2.2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Subcontractors, Suppliers and Others 6.21.1. Award of Subcontracts for Portions of The Work. 6.21.1.1. Unless otherwise specified in the Contract Documents the Contractor, as soon as practicable after the signing of the Contract, shall furnish to the Owner's Representative in writing for his acceptance a list of the names of the main Suppliers and Subcontractors proposed for the principal portions of the Work. 6.21.1.1.1. The Owner's Representative shall promptly notify the Contractor in writing if he, after due investigation, has reasonable objection to any Supplier or Subcontractor on such list and does not accept him. Said reasonable objection may include, but are not limited to, previous default by said Subcontractor or Supplier with Owner, a record of flagrant safety violations or an unsatisfactory past performance with Owner. 6.21.1.1.1.1. The Owner's Representative shall specify in writing the reasons for such objection 53 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.21.1.1.1.2. If within fifteen (15) calendar days from submittal by the Contractor, the Owner's Representative fails to make objections to any Supplier or Subcontractor on the list, the Contractor shall request the approval of the list by the Owner's Representative who shall have ten (10) days to issue his decision. If no reply is forthcoming from the Owner's Representative within the stated time, the list of Suppliers or Subcontractors shall be deemed approved. 6.21.1.1.2. The Contractor shall not contract with any Supplier or Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) that has been rejected by the Owner's Representative in the manner indicated in Article 6.21.1.1.1, above. 6.21.1.1.3. If the Owner's Representative refuses to accept any Supplier, Subcontractor, person, or organization on a list submitted by the Contractor in response to the requirements of the Contract Documents, the Contractor shall submit an acceptable substitute. 6.21.1.1.3.1. No increase in the Contract Sum shall be allowed for any such substitution of a rejected Subcontractor and/or Supplier or other in accordance with Article 6.21. 6.21.1.1.3.2. No acceptance by Owner's Representative of any such Subcontractor, Supplier, or other individual or entity, whether initially, or as a replacement, shall constitute a waiver of any right of Owner's Representative or Engineer to reject defective Work. 6.21.1.1.4. Unless otherwise specified in the Contract Documents, the Contractor shall execute, with his own forces and organization, Work amounting to not less than twenty-five percent (25%) of the original total Contract Price. 6.21.1.1.4.1. Any items designated in the Contract Documents as "Specialty Trades or Items" shall be deducted from original total cost before computing the amount of the work required to be performed by the Contractor with his own forces and organization 6.21.2. Payments to Subcontractors. 6.21.2.1. The Contractor shall pay each Subcontractor for work performed in the Project in accordance with the terms and conditions stipulated in the contract executed by and between the Contractor and the Subcontractor. 6.21.2.1.1. The Contractor shall also require the Subcontractor to make similar payments to his Sub- Subcontractors. 6.21.3. Flow Down of Applicable Agreement Provisions. 6.21.3.1. The Contractor shall cause the inclusion, in all agreements executed by contractor with Subcontractors and Suppliers, of all applicable provisions of the Agreement with which Subcontractors and Suppliers need to comply for their proper performance on behalf of Contractor, of the duties and obligations imposed by the Contract Documents. Contractor shall also cause Subcontractor and Suppliers to include in their respective agreements with Sub-Subcontractors, and Sub-Suppliers the same duties to flow down to all lower tier agreements such applicable Agreement provisions. 6.21.4. The Contractor shall be considered as an independent contractor for all purposes under the Contract, and no persons engaged or contracted by the Contractor for the performance of Contractor's obligations shall be considered an employees or agents of the Owner. 54 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.21.5. Contractor shall be fully responsible to Owner's Representative, Owner and Architect/Engineer for all acts and omissions of the Subcontractors, Suppliers, and other such individuals or entities performing or furnishing any of the Work. 6.21.5.1. Nothing in the Contract Documents shall create for the benefit of any Subcontractor or Supplier a contractual relationship between Owner's Representative, Owner or Architect/Engineer, nor shall it create any obligation on the part of Owner's Representative, Owner or Architect/Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws or Regulations. 6.21.6. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other such individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. 6.21.7. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Owner's Representative only through Contractor. 6.21.8. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner's Representative, Owner and Architect/Engineer, including required contract provisions applicable to Federal Agency funded projects. 6.21.8.1. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in section 3.6, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights (including subrogation) against Owner, Contractor, Architect/Engineer, Architect/Engineer's Consultants, and all other individuals or entities identified in the Contract Documents to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to Work. 6.21.8.1.1. If the insurers underwriting any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same.