specs

Document 00800
Page 9
materials, operating instructions, and maintenance manuals, which shall be paid upon receipt of all said
documents or materials satisfactorily submitted.
9.10.6.6 Any portion of the final payment not paid when due shall be a late payment and shall bear interest as in the
Agreement Between Owner and Contractor.
9.10.6.7 The amount withheld under Paragraphs 9.10.6.3 through 9.10.6.5 preceding shall not exceed one hundred fifty
percent (150%) of the amount of the defective, corrective, or disputed work.
Delete Paragraph 10.1 and substitute:
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and
programs in connection with the Work, in compliance with the current governing legislation, including the care and
protection of all persons, facilities, underground improvements, and adjacent property, until the Work is completed and
accepted by Owner. Contractor further covenants to use proper care and precaution in the performance of its Work
hereunder so as not to cause damage to Owner’s property, adjoining property, or the property of others, and it shall be
liable for claims, losses, liabilities, or damages to others on account of injury, or damage to trees, shrubs, lawns walks,
roads, driveways, structures, utilities, drainage, and facilities, whether on Owner’s property or on the property of others,
whether caused by Contractor, a subcontractor, or middleman, or anyone hired by, engaged by, or working under,
Contractor. The Contractor shall submit the Contractor’s safety program to the Owner for review and coordination with
the safety program of other contractors.
10.2.8 Add the following at the end of Paragraph 10.2.8:
“Claims for injury or damage to persons or property which are not made within the time limits specified in Paragraph
15.1.2 herein shall be deemed to be waived.”
Add Paragraph 10.2.9 as follows:
10.2.9 Contractor shall, at all times, efficiently cover and protect the Work and all materials and equipment which are
to be incorporated into the Work from damage, loss, or destruction by the elements or from any other cause. During
inclement weather or whenever the Architect or the Owner shall direct, Contractor will and/or will cause its
subcontractors to protect its and their Work and materials against damage or injury from the weather. If, in the opinion
of the Architect or the Owner, any Work or material shall have been damaged or injured by any reason of failure on the
part of Contractor and/or any of its subcontractors to protect its or their Work, such Work or materials shall be removed
and replaced at the expense of Contractor, provided such damage is not insured.
Delete Paragraphs 11.1 through 11.3.10 and substitute:
11.1 CONTRACTOR’S LIABILITY INSURANCE
ARTICLE 11
INSURANCE
11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business
in the jurisdiction in which the Project is located such insurance as will protect him from claims set forth below
which may arise out of or result from the Contractor's operations under the contract, whether such operations be
by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone
for whose acts any of them may be liable to cover:
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