Bid Package 08 North Well Field - Garney Construction

and be compatible with the design concept of the completed
Project as a functioning whole as indicated by the Contract
Documents.
2. ENGINEER’s review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of construction
is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. ENGINEER’s review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR
has in writing called ENGINEER’s attention to each such
variation at the time of each submittal as required by
paragraph 6.17.D.3 and ENGINEER has given written
approval of each such variation by specific written
notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval
by ENGINEER relieve CONTRACTOR from
responsibility for complying with the requirements of
paragraph 6.17.D.1.
F. Resubmittal Procedures
1. CONTRACTOR shall make corrections required
by ENGINEER and shall return the required number of
corrected copies of Shop Drawings and submit as required
new Samples for review and approval. CONTRACTOR
shall direct specific attention in writing to revisions other
than the corrections called for by ENGINEER on previous
submittals.
6.18 Continuing the Work
A. CONTRACTOR shall 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 paragraph 15.04 or as OWNER and
CONTRACTOR may otherwise agree in writing.
6.19 CONTRACTOR’s General Warranty and Guarantee
A. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER, and ENGINEER’s Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR’s warranty and
guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or
operation by persons other than CONTRACTOR, Subcontractors,
Suppliers, or any other individual or entity for
whom CONTRACTOR is responsible; or
2. normal wear and tear under normal usage.
B. CONTRACTOR’s obligation to perform and complete
the Work in accordance with the Contract Documents shall be
absolute. None of the following will constitute an acceptance
of Work that is not in accordance with the Contract
Documents or a release of CONTRACTOR’s obligation to
perform the Work in accordance with the Contract Documents:
1. observations by ENGINEER;
2. recommendation by ENGINEER or payment by
OWNER of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by ENGINEER or any payment related
thereto by OWNER;
4. use or occupancy of the Work or any part thereof
by OWNER;
so;
5. any acceptance by OWNER or any failure to do
6. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptability
by ENGINEER;
7. any inspection, test, or approval by others; or
8. any correction of defective Work by OWNER.
6.20 INDEMNIFICATION
A. TO THE FULLEST EXTENT PERMITTED BY
LAWS AND REGULATIONS, CONTRACTOR SHALL
INDEMNIFY AND HOLD HARMLESS OWNER,
ENGINEER, ENGINEER’S CONSULTANTS, AND THE
OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES,
AGENTS, AND OTHER CONSULTANTS AND
SUBCONTRACTORS OF EACH AND ANY OF THEM
FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES,
AND DAMAGES (INCLUDING BUT NOT LIMITED TO
ALL FEES AND CHARGES OF ENGINEERS,
ARCHITECTS, ATTORNEYS, AND OTHER
PROFESSIONALS AND ALL COURT OR ARBITRATION
OR OTHER DISPUTE RESOLUTION COSTS) ARISING
OUT OF OR RELATING TO THE PERFORMANCE OF
THE WORK, PROVIDED THAT ANY SUCH CLAIM,
COST, LOSS, OR DAMAGE:
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