OWNER

5.1 General 5.1.1. Owner's responsibilities and obligations are expressed throughout these General Conditions and are not limited to the ones contained in this Article. 5.1.2. All functions of the Owner will be performed by the Contracting Officer, unless delegated to others in the Contract Documents. 5.1.3. The Contracting Officer may delegate his full authority to another person, and to that effect shall notify the Contractor by written communication. 5.1.4. Unless otherwise specified in the Contract Documents, the person signing this Contract shall be interpreted to mean the Contracting Officer. 5.2 Information and Services Required of the Owner 5.2.1. The Owner shall furnish all available information describing the Project including, but not limited to, physical characteristics, legal limits and utility locations for the Project. 5.2.1.1. Said information should have been made available with reasonable time, and, unless otherwise specified in Bid Documents, prior to bid opening. 5.2.2 Before commencement of the Work, as specified in the Notice to Proceed, the Owner shall inform the Contractor in writing the name of the Owner's Infrastructure Area Director, Architect/Engineer, Contracting Officer, Owner's Representative and Project Inspector, if applicable. Owner reserves the right to change, from time to time, the designated persons or entities and any other designated representative who will perform the functions of the Owner. The Notice to Proceed shall also indicate the day of the week on which Contractor and Owner's Representative shall hold their weekly meeting to discuss matters related to the Project. The Owner's Representative may, from time to time, change said date of the week. - 26 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 5.2.3 Furnishing of Right of Way - The Owner will be responsible for obtaining the necessary rights-of-way in advance of construction. Any exceptions will be indicated in the Contract Documents. 5.2.4 Information or services to be provided by Owner shall be furnished by the Owner with reasonable promptness SO as to avoid any delay in the orderly programmed progress of the Work. 5.3 Pay Promptly When Due 5.3.1. Owner shall make payments to Contractor promptly when they are due. 5.4 Owner's Right to Stop the Work 5.4.1. The Owner's Representative and/or Owner may in accordance with Article 15.1.2 order the Contractor to stop the Work, or any portion thereof if the Contractor: 5.4.1.1. fails to start (and expeditiously continues) correcting defective work promptly after Contractor is notified in writing by the Owner; 5.4.1.2. persistently fails to supply materials or equipment in accordance with the Contract Documents; or 5.4.1.3. for any other significant reason deemed necessary to insure the proper execution of the Contract until the cause for such order has been eliminated. 5.5 Owner's Right to Carry Out the Work Without Terminating the Employment of the Contractor 5.5.1. If the Contractor persistently neglects to carry out the Work in accordance with the Contract Documents or persistently fails to comply with any provision of the Contract, the Owner, through the Owner's Representative, may, after ten (10) days written notice to the Contractor and Surety, if any, and without prejudice to any other remedy he may have, perform said Work and/or, remedy such deficiencies. 5.5.1.1. In such case, an appropriate deduction for the cost of performing said Work and/or correcting such deficiencies shall be made from the payments then, or thereafter, due the Contractor. If the payments then, or thereafter, due the Contractor are not sufficient to cover such amount, the Contractor and/or surety shall pay the difference to the Owner. 5.5.2. The cost to be charged to Contractor of such Work, repairs or replacement, will be the actual cost incurred by Owner. 5.6 Owner's Right to Clean Up 5.6.1. If a dispute arises between the separate contractors in the Project as to their responsibility for cleaning up as required by these General Conditions, the Owner may, after written notice to Contractor, clean up and charge the cost thereof to the several contractors in the proportion that the Architect/Engineer, or the Owner's Representative, determines equitable. If the Contractor is not in agreement with the cost distribution, he may make a claim as provided in