EMERGENCIES

or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER, shall prevent threatened damage, injury or loss.

B. Written Notice: CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused by responding to such an emergency.

C. Change Order: If ENGINEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order will be issued to document the consequences of such actions.

6.14 SHOP DRAWINGS AND SAMPLES

A. Not Contract Document: Shop Drawings, product data, samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required, the way the CONTRACTOR proposes to conform to the information given and the design concept expressed by the Contract Documents.

B. Shop Drawings: CONTRACTOR shall submit at least 3 copies of each Shop Drawing to ENGINEER in accordance with the accepted schedule of Shop Drawing submissions (see Paragraph 2.07A). One (1) copy will be returned to CONTRACTOR when ENGINEER completes review.

1. All Shop Drawings, whether supplied by CONTRACTOR, or CONTRACTOR's Subcontractors, or CONTRACTOR' Suppliers shall bear a stamp or specific written annotation indicating the CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to CONTRACTOR's review of the Shop Drawings.

2. All submissions will be identified as ENGINEER may require.

3. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the information as required.

C. Samples: CONTRACTOR shall also submit to ENGINEER for review with such promptness as to cause no delay in Work, all samples required by the Contract Documents.

1. All samples, whether supplied by CONTRACTOR, or CONTRACTOR's Subcontractors, or CONTRACTOR's Suppliers shall be checked by the CONTRACTOR. Such samples shall be accompanied by a specific written annotation indicating that CONTRACTOR has satisfied

CONTRACTOR's responsibilities under the Contract Documents with respect to CONTRACTOR's review of the sample.

2. All submissions will be identified clearly as to material and Supplier.

3. Pertinent data such as catalog numbers and the use for which intended shall be indicated. D. Before Submission CONTRACTOR shall Verify: Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified the following.

1. All field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto;

2. All materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work; and

3. All information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto.

specific written notice of each variation that the Shop Drawings or samples may have from the

requirements of the Contract Documents. In addition, CONTRACTOR shall cause a specific notation to be made on each Shop Drawing submitted to ENGINEER for review and approval of each such variation. CONTRACTOR shall direct specific attention in writing to CONTRACTOR's or other's revisions other than the corrections called for by ENGINEER on previous submittals.

F. Review by Engineer: ENGINEER will review with reasonable promptness Shop Drawings and samples. ENGINEER's review will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. ENGINEER's review shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate approval of the assembly in which the item functions. 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.

G. Accuracy of Dimensions, Errors and Omissions: ENGINEER's review of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for accuracy of dimensions and details or 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 submission, as required by Paragraph 6.14E, and ENGINEER has reviewed each such variation and given specific written notation thereof incorporated in or accompanying the Shop Drawing or sample submittal. Such review by ENGINEER will not relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of Paragraph 6.14D above.

H. Distribution of Drawings: The CONTRACTOR shall furnish prints of final Shop Drawings, erection drawings, equipment layouts, and other data to CONTRACTOR's Subcontractors and Suppliers for the proper coordination of their work. CONTRACTOR shall keep 1 complete set of the approved documents with the record documents on the premises at all times.

I. Compensation: Full compensation for furnishing all Shop Drawings and samples shall be considered as included in the prices paid for the items of Work to which such Drawings relate and no additional compensation will be allowed therefor.

J. Work Performed Prior to ENGINEER's Review: Where a Shop Drawing or sample is required by the Specifications; any related Work performed by CONTRACTOR, prior to ENGINEER's review of the pertinent submission will be at CONTRACTOR's sole risk of non-acceptance. Correction of non-acceptable work shall be at CONTRACTOR's expense.

K. Rejection: No extra contract time shall be given for rejection of Shop Drawings or samples.

6.15 CONTINUING THE WORK

A. During Disputes or Disagreements: 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 CONTRACTOR and OWNER may otherwise agree in writing.

B. No Damage for Delay: CONTRACTOR shall not be entitled to any claim against OWNER due to hindrance or delays from any cause whatsoever except if caused solely by OWNER.

CONTRACTOR's sole and exclusive remedy for any delay shall be limited to a claim for an extension of the Contract Time.

6.16 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE

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 or Suppliers; or

2. Normal wear and tear under normal usage.

B. CONTRACTOR's Continuing Obligation: 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 of any progress or final payment by ENGINEER;

3. The issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents;

4. Use or occupancy of the Work or any part thereof by OWNER; 5. Any acceptance by OWNER or any failure to do so;

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.

C. Acceptance is Not a Waiver of OWNER's Rights: OWNER's acceptance of defective work shall not release or relieve CONTRACTOR from warranty and guarantee provisions of this Article.