ADMINISTRATION OF THE CONTRACT

2.1.1 AUTHORITY: The Architect/Engineer has the responsibility to administer the Contract so that the completion thereof may be accomplished in accordance with the Contract. If the Architect/Engineer determines that the performance of the Contractor (including the quality of his Work or materials furnished), does not meet the standards specified, then the Architect/Engineer may take such measures, as he deems necessary to enforce compliance with Contractual requirements.

2.1.2 CONTRACT ADMINISTRATION: The Architect/Engineer shall administer and inspect the performance of this Contract by the Contractor as herein described and shall exercise such authority as the Owner may delegate by written notice. A copy of delegations of authority will be furnished to the Contractor.

2.1.2.1 The Architect/Engineer will be the Owner’s representative during construction and until the issuance of the Final Certificate for Payment. The Architect/Engineer will have authority to act on behalf of the Owner to the extent provided in the Contract Documents, unless otherwise provided by written instructions, a copy of which will be provided to the Contractor. All instructions to the Contractor shall be issued by the Architect/Engineer.

2.1.2.2 The Owner may assign various inspectors to inspect the progress and quality of the Work. Any inspector of the Owner, and the Architect/Engineer, shall, at all times, have access to the Work whenever it is in preparation or progress. The Contractor shall provide safe facilities for such access so the Architect/Engineer and the Owner's inspectors may perform their functions under the Contract Documents.

2.1.3 ARCHITECT/ENGINEER RESPONSIBILITIES: The responsibilities of the Architect/Engineer include, but are not limited to, the following:

2.1.3.1 The Architect/Engineer will participate in general administration of the Contract, including performance of the functions hereinafter described.

2.1.3.2 The Architect/Engineer will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor.

2.1.3.3 All interpretations and decisions of the Architect/Engineer shall be consistent with the intent of the Contract Documents.

2.1.3.4 The Architect/Engineer's decisions in matters relating to aesthetics will be final if consistent with the intent of the Contract Documents.

2.1.3.5 The Architect/Engineer will be the interpreter of the requirements of the Contract Documents. The Architect/Engineer will, after consultation with the Owner and within reasonable time, render such interpretations as may be necessary for the proper execution or progress of the Work. The Architect/Engineer's decisions in such matters shall be final.

2.1.3.6 The Architect/Engineer will prepare all Change Orders. The Architect/Engineer will transmit all Change Orders to the Contractor and will receive the Contractor's proposals.

2.1.3.7 The Architect/Engineer will evaluate proposed Change Orders with the Contractor, the Owner, and the Owner's consultants, if any. After a Change Order has been issued, the Architect/Engineer will administer the implementation of the Change Order by the Contractor.

2.1.3.8 The Architect/Engineer will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences, or procedures, or for safety

precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract

Documents. The Architect/Engineer will not be responsible for or have control or charge over the acts or omissions of the Contractor, Subcontractors, or any of their agents or employees, or any other persons performing any of the Work.

2.1.3.9 The Architect/Engineer shall make the Final Inspection regarding Final Acceptance set forth in 4.8, "Acceptance of the Work."

2.1.3.10 Nothing in the above paragraphs shall be deemed to relieve the Contractor from any responsibilities or obligations set forth elsewhere in this Contract.

2.2 CONTRACT DRAWINGS AND SPECIFICATIONS

2.2.1 ADDITIONAL PLANS AND SPECIFICATIONS: Upon award of the Contract, the Contractor will be given ten (10) complete sets of Plans and Specifications. Additional sets required shall be purchased from the Architect/Engineer at his billed cost multiplied by a mark-up factor of 1.20.

2.2.2 OWNERSHIP OF DOCUMENTS: All Contract Documents, including but not limited to, all Drawings, Specifications, and copies thereof furnished to the Contractor are and shall remain the Owner's property. Upon request, the documents are to be returned to the Owner within ten (10) days.

2.2.3 TRANSMITTAL: All correspondence, reports, and transmittals of Shop Drawings and Samples from the Contractor shall be delivered to the Architect/Engineer with one (1) transmittal copy to the Owner in a timely manner.

2.2.3.1 The Contractor shall provide the Owner with one (1) set of all shop drawings for review concurrent with shop drawings submitted to the Architect/Engineer for review.

2.2.4 REQUESTS FOR CLARIFICATION: The Contractor shall submit requests for

clarification or information to the Architect/Engineer and to the Owner’s project manager in the following manner:

2.2.4.1 Each request shall be numbered consecutively and dated.

2.2.4.2 Each request shall note the relevant sections of the Contract Documents.

2.2.4.3 Each request shall briefly explain the nature of the request.

2.2.4.4 Each request shall indicate the date by which a response is needed.

2.3 EXAMINATION OF SITES AND DOCUMENTS: The Contractor shall have inspected all conditions (including, but not limited to, site, legal, market, and transportation

conditions) relating to the Work described in the Drawings, in the Specifications and other Contract Documents prior to the submission of his Bid. The Contractor's failure to acquaint himself with such conditions shall not constitute grounds for modifying the Contract price or time.

2.3.1 The Contractor shall verify all grades, lines, levels, and dimensions as indicated and he shall report any errors or inconsistencies to the Architect/Engineer before commencing Work. The physical characteristics and utility locations for the site as indicated on the Contract Documents are approximate and based on the Owner’s best knowledge. The Contractor shall be responsible and pay for verifying existing physical characteristics, property lines, utility locations, and measurements of the Work. Failure to do so shall obligate the Contractor for repair or replacement of damaged physical characteristics of the site and utilities.

2.3.2 The Contractor shall employ a licensed Professional Engineer to lay out the project including the placement of center lines for structural elements, place permanent reference marks, establish bench marks, and give levels of floors to which all measurements shall be referred.

2.3.3 The Contractor shall be responsible for documenting, through video, the existing building conditions. The intent of the video is to identify existing conditions and to highlight areas that demonstrate portions of the building where cracking or disturbed building conditions are currently present. Copies of the video should be distributed to the Owner’s representative.

2.4 APPROVAL OF SUBSTITUTIONS

2.4.1 APPROVAL OF SUBSTITUTIONS: Unless otherwise specifically provided in the Contract Documents, the following procedures shall be in effect for approval of substitutions. For convenience in designation on the Contract Drawings or in the Specifications, certain articles or materials to be incorporated in the Work may be designated under trade names or the names of manufacturers and their catalog

information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of a substitution article or material which the Contractor represents to be of at least equal quality and of the required characteristics for the purpose intended will be permitted, subject to each of the following requirements:

2.4.1.1 The products, materials, and equipment of manufacturers referred to in the Specifications and on the Drawings are intended to establish the standard of quality and design required by the Architect/Engineer. However, products, materials and equipment of

manufacturers, other than those specified, may be used, if not specifically restricted in the Instructions to Bidders and Substitution Sections and if equivalent and approved by the Architect/Engineer and Owner subject to requirements set forth in the Instructions to Bidders and Division One Section “Substitutions” Specifications.

2.4.1.2 It is deemed that the term "or the approved equal" is included after all products, materials and equipment referred to in the Specifications or on the Drawings, but is subject to any restrictions and requirements set forth in the Instructions to Bidders and Division One

Section “Substitutions” Specifications, and the approval of the Owner and Architect/Engineer.

2.5 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

2.5.1 Shop Drawings are drawings, plans, lists, catalogs, diagrams, other details, charts, calculations, and data necessary to the Work adequately prepared and submitted by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. Reproduction of Contract Documents, or any portion thereof shall not be permitted.

2.5.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information submitted by the Contractor to illustrate a material, product, or system for some portion of the Work.

2.5.3 Samples are physical examples submitted by the Contractor, which illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged.

2.5.4 The Architect/Engineer will review and approve or take other appropriate action upon the Contractor's Submittals such as Shop Drawings, Product Data, and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. The Architect’s/Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component.

2.5.5 Before submitting shop drawings and samples, the Contractor shall review all shop drawings and samples for the completeness and accuracy. Shop Drawings and samples shall be submitted in a timely and orderly sequence to the Architect/Engineer with one (1) copy to the Owner simultaneously. At the time of submission, the Contractor shall direct, in writing, specific attention to any and all deviations in the Shop Drawings or Samples from the requirements of the Contract Documents. Any and all deviations must be clearly marked on all shop drawings, product data, and samples.

2.5.6 By submitting shop drawings and samples, the Contractor thereby represents that it has determined and verified all field measurements, field construction criteria, materials catalog numbers, and similar data, and that it has checked and coordinated each shop drawing and sample with all his Subcontractors involved in the Work and with the requirements of the Work and of the Contract Documents.

2.5.7 Any Shop Drawing, Product Data, or Sample submitted by the Contractor shall include the following statement: “In conformance with the Contract Documents,” and be signed and dated by the Contractor. The Architect/Engineer will return submittals made without the required statement to the Contractor for his review, revision, and resubmission.

2.5.8 The Contractor shall not be relieved of responsibility for any deviation from the

requirements of the Contract Documents by the Architect’s/Engineer’s approval of Shop Drawings, Product Data, or Samples unless the Contractor has specifically informed the Architect/Engineer in writing of such deviation at the time of the submissions and the Architect/Engineer has given written approval of the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data, or Samples by the Architect’s/Engineer’s approval thereof.

2.5.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Architect/Engineer on previous submittals.

2.5.10 No portion of the Work requiring submission of a Shop Drawing, Product Data, or Sample shall be commenced until the submittal has been approved by the

Architect/Engineer. All such portions of the Work shall be in accordance with approved submittals.

2.5.11 No Shop Drawings, Product Data, or Samples shall be issued to the field without the Architect’s/Engineer's Approval Stamp affixed thereto.

2.5.12 See Division One Section 013300 “Submittals” for complete description of submittal process.

2.6 REVIEW OF CONTRACT DOCUMENTS

2.6.1 The Contractor shall at once notify the Architect/Engineer in writing of any error, inconsistency, or omission he may discover in the Contract Documents.

2.7 SATISFACTORY PERFORMANCE

2.7.1 All Work required by the Contract Documents shall be performed to the complete satisfaction of the Architect/Engineer and the Owner.

2.8 TESTS AND INSPECTION

2.8.1 RIGHT OF INSPECTION: If the Contract Documents, laws, ordinances, rules,

regulations, or orders of any public authority require any Work to be inspected, tested, or approved, the Contractor shall give the Owner, Architect/Engineer, and Commissioning Agent timely notice of readiness therefor and shall furnish the Architect/Engineer certificates of inspection, testing, or approval. If such Work required to be inspected, tested, or approved is covered up without prior written approval of the

Architect/Engineer, it must, if directed by the Architect/Engineer, be uncovered at the Contractor's expense. Cost of all such inspections, tests, or approvals shall be borne by the Contractor unless otherwise noted in the Contract Documents. The Owner will engage, at his expense, the services of an independent agency or agencies to perform field quality control testing.

2.8.2 ADDITIONAL INSPECTION: If, after the commencement of the Work, the Owner or the Architect/Engineer determines that any Work requires additional inspection, testing, or approval which is not included herein, the Architect/Engineer may instruct the

Contractor to order such additional inspection, testing, or approval. Upon receipt of such instruction, the Contractor shall give the Architect/Engineer timely notice of the date arranged for such purpose so that the Owner and Architect/Engineer may observe the inspection, testing, or approval. If any Work has been covered which the

Architect/Engineer had not requested to observe prior to being covered, or if the

Architect/Engineer considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Architect’s/Engineer’s request, will uncover, expose, or otherwise make available for observation, inspection, and testing that portion of the Work.

2.8.3 GOVERNMENT INSPECTION: Authorized representatives of the federal, state, and local governments shall have access to the site of construction and shall have the right to inspect the project Work.

2.8.4 Certain structural components of the Project will be subject to the requirements for special inspections as defined in the current edition of the International Building Code as adopted and amended by the Virginia Uniform Statewide Building Code. Special inspections will be applicable to the specification sections specified in Division One Section “Quality Control Services”:

2.8.5 Specific requirements for special inspections are noted in the technical sections of the specifications itemized in Section “Quality Control Services”.

2.8.5.1 POINT OF CONTACT: The Contractor shall designate a representative (the

Superintendent or an Assistant to the Superintendent) who shall be the direct point-of-contact for the Special Inspector during each phase of the work. Discrepancies noted during the progress of the work will be reported to the Contractor’s representative for corrective action. Communications given by the Special Inspector to the Contractor’s representative shall be as binding as if given to the Contractor.

2.8.5.2 NOTIFICATION: Contractor shall notify the Owner, Architect/Engineer, and Special Inspector 24 hours in advance of all tests and inspections.

2.8.5.3 Two (2) weeks prior to all demonstrations (Kitchen Equipment, Mechanical

Commissioning, Electrical, Plumbing, PA System, TV System, Fire Alarm, etc.), the Owner shall be furnished all related manuals. Manuals shall be delivered to the Architect/Engineer for distribution to the Owner.

2.8.5.4 The Architect/Engineer and Owner shall be present at all demonstrations of all equipment and systems. The Owner and Architect/Engineer shall be contacted one (1) week prior to these demonstrations.

2.9 CORRECTION OF WORK

2.9.1 INSPECTION AND ACCEPTANCE: Except as otherwise provided in the Contract Documents, inspection and testing by Owner of material and workmanship required by the Contract Documents shall be made at reasonable times and at the site of the Work, unless the Architect/Engineer determines that such inspection or testing of material, which is to be incorporated in the Work, shall be at the place of production, manufacture, or shipment of such material. To the extent specified by the Architect/Engineer at the time of determination to make off-site inspection or test, such inspection or test shall be conclusive as to whether the material involved conforms to the Contract requirements.

Such off-site inspection or test shall not relieve the Contractor of responsibility for damage to or loss of the material prior to acceptance, nor in any way affect the continuing rights of the Owner after acceptance of the completed Work under the terms of 2.9.7 of this Article except as hereinabove provided.

2.9.2 DUTY TO CORRECT OR REPAIR: The Contractor shall, without charge, or extension of time, replace any material or correct any workmanship found by the

Architect/Engineer not to conform to the Contract requirements unless, in the public

interest, the Owner consents to accept such material or workmanship with an appropriate adjustment in Contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

2.9.3 FAILURE TO CORRECT OR REPAIR: If the Contractor does not promptly replace rejected material or correct rejected workmanship, the Owner may: (1) by Contract or otherwise, replace such material or correct such workmanship and charge the cost thereof to the Contractor; or (2) terminate the Contractor's right to proceed in accordance with 3.8 of these General Conditions.

2.9.4 INSPECTION AND TESTS: The Contractor shall furnish promptly, without additional charge, all facilities, labor, and materials reasonably needed for performing such safe and convenient inspection and tests as may be required by the Architect/Engineer, Owner, Commissioning Agent, or public authority.

2.9.5 EXAMINATION OF COMPLETED WORK: Should it be considered necessary or advisable by the Owner at any time before acceptance of the entire Work to make an examination of Work already completed by removing or tearing out same, the Contractor shall, on request, promptly furnish all necessary facilities, labor, and material.

2.9.6 If such Work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its Subcontractors, the Contractor shall pay all the expenses of such examination and of satisfactory reconstruction. If, however, such Work is found to meet the requirements of the Contract, an equitable adjustment shall be made in the Contract price to compensate the Contractor for the additional services involved in such examination and reconstruction, and, if completion of the Work has been delayed thereby, the Contractor shall, in addition, be granted a suitable extension of time.

2.9.7 ACCEPTANCE OF INSPECTED WORK: Unless otherwise provided in this Contract, acceptance by the Owner and Architect/Engineer shall be made as promptly as

practicable after completion and inspection of all Work required by this Contract.

Acceptance of all Work is contingent upon final approval of the Architect/Engineer.

Acceptance shall be final and conclusive, except in cases of latent defects, fraud, or such

Acceptance shall be final and conclusive, except in cases of latent defects, fraud, or such