OTHER WORK AND SEPARATE CONTRACTS

8.1 Owner's Right to Award Separate Contract, Perform Work with Owner's Employees and Utility Workers. Related Work at Site 8.1.1. Owner's Right to Award Separate Contract, Perform Work with Owner's Employees and Utility Workers.- Owner may perform other work related to the Project at the Site with Owner's employees, or by awarding separate contracts, or by having the work performed by utility workers. Written notice thereof will be given to Contractor prior to starting any such other work. 8.1.1.1. If the terms and conditions of the work to be performed by Owner's employees, separate contractors or by others, are not described in the Contract Documents prior to the bid, the Contract Time and Sum will be equitably adjusted as a result of said work and any other work to the extent that such work performed by Owner's employees, separate contracts or by others affects the Contractor's Work. 8.1.1.2. If the terms and conditions of the work to be performed by Owner's employees, separate contractors or by others are described in the Contract Documents prior to the bid, then the Contract Time and Sum will be equitably adjusted but only to the extent that said work differs from the work indicated in the Contract Documents that is to be performed by Owner's employees, separate contractors or by others. 8.1.1.3. Should the performance of other work related to the Project at the Site by Owner's employees, 58 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS separate contractors, utility workers, that was not indicated in the Contract Documents, cause damages, delays or interferes with the Work being performed by the Contractor, the Owner will assume full responsibility and pay for all costs, expenses, and delays to which the Contractor is subjected caused by the execution and/or performance of said other work described herein if the critical path is adversely affected. 8.1.1.4. In the event one or more contracts are awarded related to the Project, the "contractor" in the contract document in each case, will be the contractor who signs each separate contract. 8.1.1.5. If there is under construction other work for Owner,by written contract or otherwise, adjacent to the limits of the site, the Contractor, if so ordered by the Owner, shall permit access to others performing such work through the Site. 8.1.1.5.1. If Owner authorizes the other contractors performing work adjacent to the Site to use said access Owner shall prescribe limitations and conditions for such use as required to protect Contractor's operations and the Work. 8.1.1.5.1.1. In accordance with this Article 8.1, the Owner will be responsible for any damages, costs, or delays caused to the Contractor by such order. 8.1.1.6. If Owner and Contractor are unable to agree on entitlement to or on the amount or time, if any, of any adjustment in the Contract Price or Contract Time necessary as a result of such other work, a Claim may be made therefore as provided in Article 11.5. 8.1.2. Coordination of the Separate Contracts and Work by Others. 8.1.2.1. Unless otherwise specified in accordance with Article 8.1.2.4, Owner shall be responsible for the coordination of the Work between the Contractor, Owner's employees, the separate contractors and any others, as to the interaction and scheduling of the various work and the proper and safe access to the Site and storage of the equipment and materials of the Contractor, the Owner's employees, the separate contractors and others contracted by Owner. 8.1.2.2. Contractor shall fully cooperate with the Owner in the coordination of the Contractor's Work with that of the Owner's employees, the separate contractors and any work by others as to the interaction and scheduling of the various work and the proper and safe access to the Site and storage of the equipment and materials of the Contractor, the separate contractors and others. 8.1.2.3. The Owner may delegate this coordination, in whole or in part, to a Construction Manager or separate contractor and must give prior notice to Contractor in writing, containing the terms and conditions of this delegation. 8.1.2.3.1. The Construction Manager or the separate contractor will act on behalf of Owner strictly within the limits of such delegation. 8.1.2.4. The Owner may delegate this coordination responsibility in whole or in part to one of the separate contractors or to the Contractor as follows: 8.1.2.4.1. If prior to the bid opening date, the Owner requires that the Contractor be responsible for the coordination of the Owner's employees, separate contracts or any work by others, the Owner will indicate the - 59 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS terms and conditions of such obligation in the bid documents and it shall be the Contractor's responsibility to include in the Contract Price whatever costs are required for this coordination of the work. 8.1.2.4.2. If the Owner requires that Contractor be responsible for the coordination of Owner's employees, separate contracts or work by others after the bid has been awarded, the Owner will indicate the terms and conditions of such obligation as a Change Order. 8.1.2.5. Contractor Coordination Meetings: 8.1.2.5.1. If the Owner, or the party with the coordinating responsibility so requires it, the Contractor shall attend coordination meetings with the Owner's employees, separate contractors or others performing work at a site to be determined by the coordinator. 8.1.2.5.1.1. The purpose of the coordination meeting shall be for the Contractor and all separate contractors and/or others performing work to coordinate schedules and construction activities to enable the construction of the different work under the separate contracts to occur on a coordinated, efficient and expeditious manner. 8.1.2.5.1.2. The coordination meeting shall also serve as forum for the Contractor and all separate contractors and/or others performing work at the site to discuss, and try to avoid and try to resolve between and among themselves any conflicts in their respective schedules or construction activities and prevent delays in one contractor's activities caused by another. 8.1.2.5.2. If the different contractors cannot reach an agreement on the coordination of the construction activities and schedule to be followed, the Owner, or his designated coordinating representative, will decide on the course of action to be followed and shall provide the necessary instructions to the Contractor, Owner's employees, separate contractors and others performing work on how to proceed, as a Field Order or, if required, as a Change Order. 8.1.3. Contractor, and any other entity contracted by the Owner to perform direct work related to the Project, shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate such other work with the work of the Contractor or any other entity contracted by the Owner to perform related work on the Project. 8.1.3.1. Contractor, or any other entity contracted by the Owner to perform related work on the Project, shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Owner and the others whose work will be affected. 8.1.4. The duties and responsibilities of Contractor under this Article are for the benefit of such utility owners and separate contractors to the extent that there are comparable provisions for the benefit of Contractor, including general, supplemental and special conditions, as well as similar insurance and hold harmless clauses, in said direct contracts between Owner and such utility owners and separate contractors. 8.1.4.1. Furthermore, the Owner will verify that the schedule of others contracted to perform related work on the Project does not interfere with the Project Schedule. 8.1.4.1.1. If in order to accommodate the work performed by others contracted by the Owner to perform related work in the Project, the critical path is adversely affected and/or any damage to the Work occurs, the Owner will compensate the Contractor in time and/or adjustment to Contract Price. - 60 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 8.1.5. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article, Contractor shall promptly inspect such other work and, within ten (10) working days, report to Owner in writing any delays, defects, or deficiencies in such other work that, in his opinion, render it unavailable or unsuitable for the proper execution and results of the Work. 8.1.5.1. Contractor's failure to report will constitute acknowledgement that said work is suitable, except for hidden latent defects in such work. 8.1.5.2. The same rules stated herein will apply if other entities contracted by the Owner to perform related work in the Project depend on Work performed by the Contractor. 8.2 Owner's Right to Award Separate Contract. 8.2.1. The Owner may award separate contracts in connection with other portions of the Project or additional work to the Work covered by the Contract, and if such work affects the Work, Contractor will be notified by Owner in a timely manner of the award of such separate contract. 8.2.1.1. The Owner may assign these separate contracts, as a Change Order, to the Contractor for a fee, as indicated on Article 10.5. 8.2.2. When Separate Contracts are let within the limits of any project, the Owner shall coordinate the work of each contractor SO as not to interfere with or hinder the progress or completion of the Work being performed by Separate Contractors. 8.2.2.1. Contractors working on the same Project shall fully cooperate with each other. 8.2.2.2. Furthermore, the Owner will be responsible to verify that the schedule of the Separate Contractors contracted to perform Work on the Project does not interfere with the Contractor's Project Programmed Schedule previously approved for the Project. 8.2.2.2.1. Owner will compensate the Contractor, in time and/or adjustment to Contract Price, if his schedule has to be varied, and/or any damage occurs, to accommodate the work performed by other entities contracted by the Owner to perform related work in the Site. 8.3 Mutual Responsibility of Contractors 8.3.1. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his Contract and shall protect and save harmless the Owner from any and all damages or claims that may arise out of the performance of the Contractor's Work. 8.3.1.1. The Owner will require from each Separate Contractor and other entities working on the Project, Contract Documents, including General, Supplemental and Special Conditions, similar to those executed with the Contractor and to include similar insurance clauses and hold harmless clauses. 8.3.1.2. The Owner will also be responsible to verify that the schedule of the Separate Contractors) and other entities working on the project do not interfere with the Contractor's Project Programmed Schedule previously approved for the Project. - 61 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 8.3.2. Should the Contractor cause damage to the work or property of any separate contractor and/or others working on the Project, the Contractor shall, be liable for said damage. 8.3.2.1. If such other separate contractor files a claim against Owner on account of any such damage alleged to have been so sustained, Contractor shall have the right to defend Owner, either by itself or in conjunction with Owner, and Contractor shall compensate Owner for damages, costs and expenses sustained therefore by Owner which are attributable to Contractor. 8.3.2.1.1. If the Contractor is found to be responsible for the alleged defects claimed by the separate contractor and any judgment or award against the Owner arises therefrom, the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court, arbitration costs or other costs which the Owner has therefore incurred. 8.3.2.1.2. If the Contractor is found not to be responsible for the alleged defects claimed by the separate contractor, then the Owner shall pay for any judgment or award against him as well as reimburse the Contractor for all attorney's fees and court or arbitration costs incurred in defending the Owner.