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<br />Words and abbreviations that have well-known technical or trade meanings are used in the Contract Documents in accordance with
<br />such recognized meanings.
<br />Article 2 – Scheduling, Subcontractors, Coordination, and Completion
<br />Section 2.01 Scheduling. The Date of Commencement shall be the later of the date set forth in a notice to proceed issued by Owner
<br />or the date all necessary Permits have been issued. Unless specifically stated in the Proposal, there is no required date or period of time
<br />required for substantial completion.
<br />Section 2.02 Subcontractors and Subconsultants. Upon request of the Owner, prior to commencement of the Work, Contractor
<br />shall submit to Owner for Owner’s approval a list of subcontractors, and subconsultants, if any, listed by proposed scopes of work, with
<br />addresses and telephone numbers, proposed to be used to perform the Contractor’s scope of Work. Owner shall have the right to object
<br />to any of the subcontractors and subconsultants, but Owner’s approval shall not be unreasonably withheld. In the event Owner objects to
<br />one or more subcontractors or subconsultants, Contractor shall not use such subcontractor or subconsultant on the Project, and shall
<br />propose another subcontractor or subconsultant for Owner’s consideration. All collective bargaining labor agreements that may apply
<br />for the performance of any part of the Work at the Site shall be observed. As applicable, union labor, or prevailing wages as required,
<br />shall be used to perform the Work if conditions or agreements at the Site require such labor.
<br />Section 2.03 Coordination. The schedule shall be periodically revised as required by the conditions of the Work, progress thereon,
<br />and the Project. The Work shall be performed so as to not unduly interfere with or disrupt the business operations of Owner. It is hereby
<br />recognized that, to accommodate ongoing business operations located on the Site, the Work may need to be performed during non-
<br />regular business hours, including working evenings and/or weekends. The Work shall be confined to those areas identified by Owner.
<br />All ingress and egress to the Site shall be confined to those areas approved in advance by Owner. The Agreement Price does not
<br />include any work outside of normal working hours unless specifically stated in the Proposal.
<br />Section 2.04 Temporary Facilities. Unless otherwise specified in the Work Order, Contractor shall provide all temporary facilities for its
<br />use and shall arrange for temporary connections and lines for connection to and use of water, electricity, telephone, gas, compressed
<br />air, steam, heat, and other similar services. Contractor shall remove all temporary construction, signs and facilities upon completion of
<br />the Work and restore the Site to the condition in which it was originally found.
<br />Section 2.05 Substantial Completion. When Contractor considers that the Work is substantially complete, Contractor will submit to
<br />Owner a proposed “punchlist” listing items of the Work to be completed prior to Final Completion. Contractor and Owner shall inspect
<br />the Work (or portion thereof) to determine if the same is substantially complete. Owner and Contractor shall add to the punchlist any item
<br />of work that has not been completed. When the Work is substantially complete, Contractor shall notify the Owner in writing, setting forth the
<br />date of Substantial Completion and stating the date by which Contractor shall complete the items of work included on the punchlist.
<br />Section 2.06 Final Completion. When Contractor considers the Work (including the items contained on the punchlist) fully complete
<br />in accordance with the Contract Documents, Contractor shall complete the Certificate of Final Completion (in the form of a Warranty
<br />Letter) and submit the same to Owner for review, which shall constitute Contractor’s certification to Owner in writing that Final Completion
<br />has been achieved by virtue of the following:
<br />(a) Contractor has inspected all of the Work and has determined that the Work has been completed in accordance with this
<br />Agreement and the Work Order;
<br />(b) Contractor has cleared, tested and started-up the equipment at the Site and said equipment is operational; and
<br />(c) Contractor has obtained all Permit sign-offs or other approvals of any governmental agency with authority over the Work that
<br />pertain to the Work and that are customarily the responsibility of an installation contractor.
<br />Section 2.07 Correction of Work. If Owner at any time determines that any portion of the Work is incomplete or defective, Owner will promptly
<br />notify Contractor of such incomplete or defective Work, itemizing and describing such remaining items with reasonable particularity. Contractor
<br />shall then arrange for and perform the immediate correction of all items noted by Owner.
<br />Article 3 - Contract Documents and Site Conditions
<br />Section 3.01 Examination of Contract Documents and Site. Contractor certifies and represents that it has carefully examined all of the Contract
<br />Documents and the Site to satisfy itself as to the character, quality, and quantity of Work to be performed, the general and local conditions that
<br />could affect the Work or otherwise may affect the cost, difficulty, manner or progress of performing the Work, the materials and equipment and
<br />other items to be furnished, and all other requirements of the Contract Documents and this Agreement.
<br />In the event Contractor believes there is or may be any conflict between, or omission from, this Agreement and the balance of the Contract
<br />Documents, or if Contractor has any doubt as to the meaning of any of them, Contractor shall immediately submit the matter to Owner for written
<br />clarification. If any clarification of this Agreement or of the other Contract Documents is needed and requested, Owner will provide the clarification
<br />by issuing a written order.
<br />Section 3.02 Intent; Order of Precedence. All references to “Contractor” shall be deemed to also refer to Contractor’s employees, agents,
<br />suppliers, subconsultants, and subcontractors. The plans, specifications, addenda, and all of the Contract Documents, as they each relate to the
<br />Work comprise the Agreement and are intended to be complementary and construed as a whole. However, in the event of conflict between one
<br />or more provisions of the Contract Documents, the higher listed document shall take precedence over the lower listed document as set forth
<br />below:.
<br />1) the Owner’s Requirements document;
<br />Docusign Envelope ID: 25E6F8BF-2DC9-828C-811A-1377E8921918
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