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Preliminary Matters
ARTICLE 2 - PRELIMINARY MATTERS
2.1 Delivery of Agreements. CONTRACTOR shall deliver executed Agreements to OWNER within five (5) business days of receipt of such Agreements from OWNER.
2.2 Delivery of Insurance and Bonds. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR also shall deliver to OWNER, with a copy to ENGINEER, certificates of insurance (and other evidence thereof as by OWNER) and such performance and payment bonds as CONTRACTOR is required to purchase and maintain in accordance with Article 5, and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with Article 5.
2.3 Copies of Documents. Unless otherwise specified, OWNER shall furnish to CONTRACTOR five (5) copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction.
2.4 Commencement of Contract Time; Notice to Proceed. Subsequent to or concurrently with the execution of the Agreement OWNER shall give CONTRACTOR a written Notice to Proceed specifying the date on which CONTRACTOR shall commence Work. The date designated in the Notice to Proceed will be the date on which the Contract Time will commence to run. No extension of time will be granted due to CONTRACTOR delay in submission of the executed Agreements or documents, as required in Sections 2.1 and 2.2.
2.5 Starting the Project. CONTRACTOR shall start to perform the Work on the date designated in the Notice to Proceed, but no Work shall be done at the site prior to the date of the Notice to Proceed.
2.6 Before Starting Construction. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures, standards, quantities, materials, field measurements, access, and other requirements or conditions affecting the Work. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, discrepancy or other adverse condition or circumstance which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby. CONTRACTOR shall assume all risks and bear all costs associated with any conflicts, errors, ambiguities, discrepancies or conditions which are not discovered due to his failure to conduct such study and comparison or which are discovered but not reported as required by this Section.
2.7 Initial Schedule and Submissions. Within ten (10) days after the Effective Date of the Agreement CONTRACTOR shall submit to ENGINEER for review:
2.7.1 A proposed progress schedule indicating the starting and completion dates of the various stages of the Work to be performed under this Contract. This schedule shall be in the form of an Arrow Diagram and shall reflect the Contract completion date. ENGINEER will review the proposed progress schedule to determine conformity to the Contract Documents. During the course of performing the Work, CONTRACTOR shall, at least monthly, submit to ENGINEER a revised progress schedule indicating any anticipated change from the original or previously revised progress schedule. The revised schedule shall include provisions for performing Work authorized under approved Change Orders. ENGINEER will review the original and revised progress schedules for general conformity with the Contract Documents and will make recommendations to the OWNER concerning approval thereof; however the review, approval or other action taken by ENGINEER or OWNER in respect of such schedules shall not relieve the CONTRACTOR of its obligations to perform the Work within the Contract Time. If CONTRACTOR shall fail to adhere to the approved original or revised progress schedule, except when due to Excusable Delays for which a claim has been submitted by CONTRACTOR and approved by OWNER, he shall promptly adopt such other or additional means and methods of construction and commit such additional manpower, equipment and other resources as necessary to make up for the time lost and to assure completion of the Work in accordance with the Contract Documents.
2.7.2 A preliminary submittal schedule showing proposed dates for submission of required Shop Drawings, samples and product data. Such schedule shall also include such durations as prescribed by ENGINEER to account for anticipated time allotments for review, approval or other action upon submittals by ENGINEER and additional allowances for resubmittals by CONTRACTOR; and
2.7.3 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission.
2.8 Preconstruction Conference. Before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, OWNER, ENGINEER, and others as appropriate will be held to discuss the schedules referred to in Section 2.7, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish other procedures and understandings bearing upon coordination and performance of the Work.
2.9 Finalizing Schedules. At least ten (10) days before submission of the first Application for Payment, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate, will be held to finalize the schedules submitted in accordance with Section 2.7. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of Work to attain completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of values will be acceptable to ENGINEER as to form and substance.
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