Subcontractors

within the Contract Time, or extended Contract Time ifC. Defective authorized by Change order, then the CONTRACTORshall pay to the OWNER the full amount of liquidated1. The word "defective," when modifying the word damages specified in the Contract Documents for each"Work," refers to Work that is unsatisfactory, faulty, or calendar day that the CONTRACTOR shall be in defaultdeficient in that it does not conform to the Contract after the time stipulated in the Contract Documents.Documents or does not meet the requirements of anyinspection, reference standard, test, or approval referred to ARTICLE 2 - PRELIMINARY MATTERSin the Contract Documents, or has been damaged prior toENGINEER's recommendation of final payment (unless 2.01 Delivery of Bondsresponsibility for the protection thereof has been assumedby OWNER at Substantial Completion in accordance with A. When CONTRACTOR delivers the executedparagraph 14.04 or 14.05).Agreements to OWNER, CONTRACTOR shall also deliverto OWNER such Bonds as CONTRACTOR may berequired to furnish.D. Furnish, Install, Perform, ProvideB. The Contractor shall furnish separate Performance1. The word "furnish," when used in connection with and Payment Bonds each in a sum equal to the amount ofservices, materials, or equipment, shall mean to supply and the Contract Price, the Performance Bond conditioned upondeliver said services, materials, or equipment to the Site (or the peiformance by the Contractor of all undertakings,some other specified location) ready for use or installation covenants, terms, conditions and agreements of the Contractand in usable or operable condition.Documents, and the Payment Bond conditioned upon theprompt payment by the Contractor to all persons supplying2. The word "install," when used in connection with labor and products in the prosecution of the Work providedservices, materials, or equipment, shall mean to put into use by the Contract Documents. Such Bonds shall be executedor place in final position said services, materials, or by the Contractor and a corporate bonding companyequipment complete and ready for intended use.licensed to transact such business in the State where theProiect is located and named on the current list of "Surety3. The words "perform" or "provide," when used in Companies Acceptable on Federal Bonds" as published inconnection with services, materials, or equipment, shall the Treasury Department Circular Number 570. Themean to furnish and install said services, materials, or expense of these Bonds shall be borne by the Contractor. Ifequipment complete and ready for intended use-at any time a surety on any such Bond is declared bankruptor loses its right to do business in the State where the4. When "furnish," "install," "perform," or "provide" is Proiect is located or is removed from the list of Suretnot used in connection with services, materials, or Companies accepted on Federal Bonds, the Contractorequipment in a context clearly requiring an obligation of shall, within 10 days after notice from the Owner to do so,CONTRACTOR, "provide" is implied,substitute an acceptable Bond (or Bonds) in such form andsum and signed by such other surety as may be satisfactoryE. Unless stated otherwise in the Contract Docu- to the Owner. The premium on such Bond (or Bonds) shallments, words or phrases which have a well-known technical be paid by the Contractor. No further progress payimentsor construction industry or trade meaning are used in the shall be deemed due, nor shall be made, until the new sureyContract Documents in accordance with such recognized furnishes an acceptable Bond to the Owner,meaning.C. The person executing the Bond on behalf of theF. All time limits stated in the Contract Documents surety shall file with the Bond a general power of attorney,are of the essence of the Agreement. The unlimited as to amount and type of Bond covered by suchCONTRACTOR shall proceed with the Work at a rate of power of attorney and certified to by an official of saidprogress which will ensure completion within the Contract surety.Time. It is expressly understood and agreed by andbetween the CONTRACTOR and the OWNER, that the 2.02 Copies of DocumentsContract Time for the Work described herein is areasonable time, taking into consideration the averageA. OWNER shall furnish to CONTRACTOR up toclimatic and economic conditions, and other factors ten-five copies of the Contract Documents. Additionalprevailing in the locality of the Work. If the copies will be furnished upon request at the cost ofCONTRACTOR shall fail to perform the Work required reproduction.EJCDC No. 1910-8 (1996 Edition) 007200-7w/ JJG Modifications (RevO3/06/08)