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Contractor's Responsibilities
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.1 Supervision. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies strictly with the Contract Documents.
6.2 Resident Superintendent. CONTRACTOR shall keep on the work site at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to or issued by the superintendent shall be as binding as if given to or issued by CONTRACTOR.
6.3 Personnel and Work Hours. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER.
6.4 Full Responsibility. Unless otherwise specified in the Contract Documents, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work.
6.5 General Standards of Quality. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of OWNER. If required by ENGINEER or OWNER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents; but no provisions of any such instructions will be effective to assign to OWNER, ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Sections 8.10 or 8.11.
6.6 Adjusting Progress Schedule. To the extent indicated in Section 2.9, CONTRACTOR shall submit to ENGINEER adjustments in the progress schedule to reflect the impact thereon of new developments. These will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Conditions applicable thereto.
6.7 Substitute or "Or Equal" Items. Whenever, in the Contract Documents, an article, material, apparatus, equipment, or process is called for by trade name or by the name of a patentee, manufacturer, or dealer or by reference to catalogs of a manufacturer or dealer, it shall be understood as intending to mean and specify the article, material, apparatus, equipment, or process designated, or any approved equal thereto in quality, finish, design, efficiency and durability and equally serviceable for the purposes for which it is intended. Whenever material or equipment is submitted by CONTRACTOR for approval as being equal to that specified, the submittal shall include sufficient information and data to demonstrate that the material or equipment conforms to all Contract requirements. The decision as to whether or not such material or equipment is equal to that specified shall be made by the OWNER in consultation with ENGINEER. Neither the approval of alternate material or equipment as being equivalent to that specified nor the furnishing of the material or equipment specified, shall in any way relieve CONTRACTOR of responsibility for failure of the material or equipment, due to faulty design, material, or workmanship, to perform the functions required by the Contract Documents.
6.8 Engagement of Subcontractors, Suppliers and Others. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. If the Contract Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials and equipment) to be submitted to OWNER prior to the Effective Date of the Agreement, for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Contract Documents, OWNER's or ENGINEER's acceptance or acquiescence as to any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, in which case the Contract Price will be adjusted by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. CONTRACTOR may not substitute Subcontractors or Suppliers indicated on the Subcontractors List without consent of OWNER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject Defective Work or to pursue other rights and remedies in respect thereof.
6.9 Responsibility For Others. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of his Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor, Supplier or other person or organization, except as to warranties enforceable by OWNER as against such parties, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization, except as may otherwise be required by Laws and Regulations.
6.10 Allocation of Work. The sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.
6.11 Subcontract Provisions. All Work performed by Subcontractors shall be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to these General Conditions and the applicable terms and conditions of all other Contract Documents and contains waiver provisions as required by Section 5.7. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to Article 5.
6.12 Patent Fees and Royalties. 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 of patent rights or copyrights held by others. 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 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. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court and arbitration costs) arising out of 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, and shall defend, if requested by OWNER or ENGINEER, all such claims in connection with any alleged infringement of such rights.
6.13 Permits. Unless otherwise provided elsewhere in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees.
6.14 Laws and Regulations. CONTRACTOR shall give all notices and comply with all Laws and Regulations in effect during the furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with Laws or Regulations. If CONTRACTOR observes that the Specifications or Drawings are at variance with any such Laws or Regulations, CONTRACTOR shall give ENGINEER and OWNER prompt written notice thereof, and if OWNER in consultation with ENGINEER determines any changes to be necessary such changes will be authorized by one of the methods indicated in Section 3.4. It shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, however, this shall not relieve CONTRACTOR of CONTRACTOR's obligations under this paragraph or under Section 2.6 or Section 3.3. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws and Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear the risk of all claims, costs, losses and damages caused by, arising out of or resulting therefrom.
6.15 Taxes. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations applicable to the place where the Project is located. OWNER is required by statute to withhold certain taxes, including Indiana State Gross Income tax, from all payments made to non-resident contractors who are corporations and to remit such tax quarterly to the Indiana Department of Revenue. A foreign corporation which is registered with the Indiana Secretary of State to do business in Indiana shall be exempt from this withholding requirement. Exemption certificates for the Indiana Gross Retail tax (sales tax) for property that becomes property of OWNER and all Federal Excise tax can be furnished by OWNER and therefore such taxes shall not be included in the Contract Price. CONTRACTOR may request exemption certificate forms directly from OWNER.
6.16 Use of Premises. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents, as determined in the preconstruction meeting, and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work.
6.17 Control of Waste. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. CONTRACTOR shall remove from traveled roadways all dirt and other materials that have been deposited there on by operations concerned with the Project whenever the accumulation is sufficient to cause the formation of dust or mud, interfere with the drainage, damage pavements, or create a traffic hazard.
6.18 Loads on Structures. 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.
6.19 Record Documents and As-Built Drawings.
6.19.1 CONTRACTOR shall maintain in a safe place at the site one record copy of all Specifications, Drawings, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to Section 8.4) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, samples, and Shop Drawings shall be delivered to ENGINEER for OWNER as a condition to CONTRACTOR's right to receive final payment.
6.19.2 CONTRACTOR entity shall, during the progress of the work, keep a master set of prints on the job site, on which is kept a careful and neat record of all deviations from the contract drawings made during the course of the work.
6.19.3 CONTRACTOR entity shall provide OWNER with one complete reproducible set of drawings and specifications incorporating the revisions and changes made during construction up to acceptance of the project. These updated drawings shall reflect all changes to the original construction documents to indicate the "As-Built" conditions, including revisions in site and building area tabulations. These drawings and specifications shall be certified as to their correctness by the signature of CONTRACTOR entity and used in preparing a permanent set of "As-Built" drawings. When drawings are available on CAD, the updated "As-Built" drawings shall be done on CAD, and submitted on disk, as well as hard copy.
6.19.4 OWNER reserves the right to review "As-Built" documents at any time during the life of the project.
6.19.5 CONTRACTOR entity shall forward all "As-Built" drawings, specifications and photographs to OWNER'S REPRESENTATIVE not later than thirty (30) calendar days after project completion.
6.20 Safety and Protection
6.20.1 CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work and shall take all necessary precautions for the safety of, and provide the necessary protection to prevent damage, injury or loss to (i) all employees on the Work and other persons and organizations who may be affected thereby, (ii) all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and (iii) 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.
6.20.2 CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. 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. All damage, injury or loss to any property referred to in Sections 6.20.1 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or Supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish 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 ENGINEER or anyone employed by either of them or 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 CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with Section 13.11 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).
6.20.3 Pursuant to I.C. 36-1-12-20, all Work which requires the creation of a trench or hole of at least five (5) feet in depth, shall be provided with a trench safety system. Trench safety systems shall meet all of the requirements of IOSHA Regulations 29 C.F.R. 1926, Subpart P or other applicable safety standards and regulations. The cost of compliance with any and all such regulations shall be borne by the CONTRACTOR without any increase in the Contract Price. OWNER shall pay for the trench safety system as a separate pay item if one is provided on unit cost work; or if a separate pay item is not provided, OWNER shall pay for the safety system as part of the pay item or schedule of values item for the principal Work with which the safety system is associated, as determined by ENGINEER.
6.20.4 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to OWNER.
6.20.5 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations.
6.21 Emergencies. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER and OWNER immediate written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents are caused thereby. If OWNER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations.
6.22 Shop Drawings and Working Drawings
6.22.1 CONTRACTOR shall promptly prepare and submit layout, detail and shop drawings to insure proper construction, assembly, and installation of the Work using those materials and equipment specified in the Technical Specifications. Such drawings will be known as "Working Drawings". A schedule of Working Drawings submissions shall be submitted for ENGINEER's approval on a form acceptable to ENGINEER within ten (10) days of the effective date after the signing of the Agreement by OWNER.
6.22.2 Working Drawings shall be numbered consecutively and shall accurately and distinctly present (i) all working and erection dimensions, (ii) arrangements and sectional views, (iii) necessary details, including complete information for making connections between Work under this Contract and work under other contracts, (iv) electrical wiring connections between all equipment furnished under the Contract, including all internal wiring between internal components of equipment, (v) kinds of materials and finishes, and (vi) parts lists and description thereof.
6.22.3 Drawings for mechanical and electrical equipment shall present, where applicable, such data as dimensions, weight and performance characteristics. This data shall show conformance with the performance characteristics and other criteria incorporated in the Contract Documents. Each drawing or page shall include (i) submittal date and revision dates, (ii) project name, division number and descriptions, (iii) Detailed Specifications section number and page number, (iv) identification of equipment, product or material, (v) name of CONTRACTOR and Subcontractor, (vi) name of Supplier and Manufacturer, (vii) relation to adjacent structure or material, (viii) field dimensions, clearly identified, (ix) ASTM, Federal and other Specification references, (x) space for ENGINEER's stamp, (xi) identification of deviations from the Contract Documents, (xii) CONTRACTOR's stamp, initialed or signed, dated and certifying to review of submittal, certification of field measurements and compliance with Contract, and (xiii) location at which the equipment or materials are to be installed (both physical location and location relative to other connected or attached material). ENGINEER will return unchecked any submittal which does not contain complete data on the Work and full information on related matters. Stock or standard drawings will not be accepted for review unless full identification and supplementary information is shown thereon in ink or typewritten form.
6.22.4 CONTRACTOR shall check and approve all Working Drawings before transmitting them to ENGINEER to determine that they comply with requirements of the Contract Documents. Drawings which are incomplete or are not in compliance with the Contract Documents shall not be submitted for processing by ENGINEER. CONTRACTOR shall place his signature or initials on his stamp of approval on all Working Drawings submitted to ENGINEER to indicate compliance with this requirement. CONTRACTOR's approval shall constitute a representation that all quantities, dimensions, field construction criteria, materials, catalog numbers, performance criteria and similar data have been verified and that, in his opinion, the submittal fully meets the requirements of the Contract Documents. CONTRACTOR shall schedule, prepare and submit all working drawings in accordance with a time-table that will allow his Suppliers and Manufacturers sufficient time to fabricate, manufacture, inspect, test and deliver their respective products to the project site in a timely manner so as to not delay the complete performance of the Work. The time-table so developed shall be in conformance with the completion dates specified in the Agreement.
6.22.5 If the Working Drawings show departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in his letter of transmittal, otherwise approval of such submittals by ENGINEER shall not constitute approval of the departure. Approval of the drawings shall constitute approval of the subject matter thereof only and not of any structure, material, equipment or apparatus shown or indicated.
6.22.6 The approval of Working Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such drawings, nor for the proper fitting and construction of the Work, nor for the furnishing of materials or work required by the Contract and not indicated on the drawings. No Work called for by Working Drawings shall be done until such drawings have been approved by ENGINEER.
6.22.7 The procedure in seeking approval of the Working Drawings shall be as follows:
.1 CONTRACTOR shall submit six (6) complete sets of drawings and other descriptive data together with six (6) copies of a letter of transmittal to ENGINEER for approval. The letter of transmittal shall contain the name of the Project, Workmanship and Materials section number, the name of CONTRACTOR, the list of drawings submitted including numbers and titles, requests for any approval of departures from the contract requirements and any other pertinent information.
.2 Drawings or descriptive data will be stamped "Approved", "Approved as Noted", or "Not Approved", and one (1) copy with a letter of transmittal will be returned to CONTRACTOR.
.3 If a drawing or other data is stamped "Approved", CONTRACTOR shall insert the date of approval on six (6) additional copies of the document and transmit the six (6) copies to ENGINEER together with one copy of a letter of transmittal containing substantially the same information required in Sub-Section .1.
.4 If a drawing or other data is stamped "Approved as Noted", CONTRACTOR shall make the corrections indicated and proceed as in Sub-Section .3.
.5 If a drawing or data is stamped "Not Approved", CONTRACTOR shall make the necessary corrections and resubmit the documents as required in Sub-Section .1. The letter transmitting corrected documents shall indicate that the documents comprise a resubmittal.
.6 If any corrections, other than those noted by ENGINEER, are made on a Working Drawing prior to resubmittal, such changes must be pointed out by CONTRACTOR upon resubmittal.
.7 CONTRACTOR shall revise and resubmit the Working Drawings as required, until approval thereof is obtained. Costs associated with the ENGINEER's review of any third and subsequent submittals shall be borne by CONTRACTOR. CONTRACTOR shall be billed for these costs by OWNER or the OWNER may deduct such costs from subsequent payments.
6.23 Continuing the Work. CONTRACTOR shall diligently and uninterruptedly carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Section 14.5 or as CONTRACTOR and OWNER may otherwise specifically agree in writing. Any work stoppage, delay, suspension or significant reduction in manpower, or removal of equipment from the site, determined by the ENGINEER or OWNER to have occurred by reason of any such unresolved dispute or disagreement shall constitute an event of default thereby subjecting CONTRACTOR to termination of the Contract.
6.24 Allocation of Risk and Indemnification.
6.24.1 To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work or from the installation, existence, use, maintenance, condition, repairs, alteration, or removal of any equipment or material, provided that any such claim, damage, loss or expense is caused in whole or in part by a negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law or Regulation regardless of the negligence of any such party. Such indemnification shall also apply to any warranty work required by the Contract Documents.
6.24.2 In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts.
6.24.3 The obligations of CONTRACTOR under this Section shall not extend to the liability of ENGINEER, ENGINEER's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, design or specifications.
6.25 Subcontractor and other Liens. CONTRACTOR agrees and warrants to the OWNER that no claim or lien shall attach to or be filed on the Project by virtue of CONTRACTOR's default in paying any employee, subcontractor or supplier. Should such claim or lien be filed, payment otherwise due the CONTRACTOR will not be due until CONTRACTOR delivers to OWNER a complete release of such claim or lien, or, at OWNER's option, a bond satisfactory to OWNER indemnifying OWNER against such claim or lien.
6.26 Installation of Utility Service. CONTRACTOR shall assume all responsibility for proper installation of utility services to meet all rules and regulations of all utility companies or government agencies involved. It is the responsibility of CONTRACTOR to provide a complete service and provide all work necessary to coordinate the Work with the work of the utility companies.
6.27 Damage Survey and Correction. CONTRACTOR, accompanied by a representative of OWNER and/or ENGINEER, shall make a damage survey of the work site and adjacent properties prior to commencing the Work and before making application for final payment for the Work. CONTRACTOR shall provide OWNER a written inventory of damage observed during each survey. CONTRACTOR shall replace or repair all existing construction and facilities (both surface and subsurface) including, but not limited to, sidewalks, fences, yards, plantings, mechanical services and electrical services which may be damaged in the performance of the Work. All damage shall be corrected and such facilities shall be restored to their original condition. Materials and construction shall be new and equal in quality, design, workmanship, and installation to the existing material and construction.
6.28 Damage Notification. CONTRACTOR shall notify ENGINEER immediately upon observing damage to the site regardless of whether or not the damage is the result of CONTRACTOR's operations.
6.29 Prevailing Wage Rates. This section applies only if the Work awarded is over $150,000.00. There shall be paid each laborer or mechanic of CONTRACTOR or Subcontractor engaged in work under this Agreement in the trade or occupation listed on the prevailing wage rate scale included in the Contract Documents, not less than the hourly wage rate set opposite the same, regardless of any contractual relationship which may be alleged to exist between CONTRACTOR or any subcontractors and such laborers and mechanics. The schedule of prevailing wage rates has been determined in compliance with the provisions of applicable Indiana statutes.
6.29.1 The specified wage rates are minimum rates only, and OWNER will not consider any claims for additional compensation made by CONTRACTOR because of payment by CONTRACTOR of any wage rate in excess of the applicable rate contained in this Agreement. All disputes in regard to the payment of wages in excess of those specified in this Agreement shall be adjusted by CONTRACTOR.
6.29.2 Except as may be otherwise required by law, all claims and disputes pertaining to the classification of labor employed on the project under this Agreement shall be decided by OWNER'S governing body or other duly designated officials.
6.29.3 The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade they are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation, employed by CONTRACTOR or any subcontractor, shall not exceed the number permitted by the applicable standards of the U. S. Department of Labor, or in the absence of such standards, the number permitted under the usual practice prevailing between the unions and the employer's associations in the respective trades or occupations.
6.29.4 CONTRACTOR shall post, at appropriate conspicuous points at the site of the project, a schedule showing all determined wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this Agreement and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
6.30 Conformance with Plans and Specifications
6.30.1 All Work performed, and all materials furnished, shall be in reasonably close conformance with the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the plans or indicated in the specifications.
6.30.2 Plan dimensions and specifications values are to be considered as the target value to be complied with as the design value from which any deviations are allowed. It is the intent of the specifications that the materials and workmanship shall be uniform in character and shall conform as nearly as realistically possible to the prescribed target value or to the middle portion of the tolerance range. The purpose of the tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons. When a maximum or minimum value is specified, the production and processing of the Material and the performance of the Work shall not be preponderantly of borderline quality or dimension.
6.31 Documentation. CONTRACTOR shall furnish upon request all documentation related to its performing as a CONTRACTOR or subcontractor on the Project. The requested information may be, but is not limited to payroll records, material invoices, subcontract agreements with pertinent attachments, lease agreements, and Equal Employment Opportunity documentation. In addition to the items listed in the preceding sentence, OWNER may, in order to investigate, examine, respond to or make a claim under Article 10 or Article 11, request bid preparation documents from CONTRACTOR. Upon receipt of said request for bid preparation documents CONTRACTOR shall provide said documents within a reasonable period of time
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