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19.

20.

C-1.15

and ascertaining the actual damages the Owner would in such event sustain. Said amount
is agreed to be the amount of damages which the Owner would sustain and said amount
shall be deducted from time to time by the owner from current periodical payments.

18.5 It is further agreed that “time is of the essence” of each and every portion of this
contract and of the specifications wherein a definite and certain length of time is fixed for
the performance of any act whatsoever; and where under the contract an additional time
is allowed for the completion of any work, the new time limit fixed by such extension
shall “be of the essence‘. Provided, that the Contractor shall not be charged with
liquidated damages or any excess cost when the Owner determines that the Contractor is
without fault and the Contractor's reasons for the time extension are acceptable to the
Owner; provided, further, that the Contractor shall not be charged with liquidated
damages or any excess cost when the delay in the completion of the work is due to:

a. A preference, priority or allocation order duly issued by the government;

b. An unforeseeable cause beyond the control and without the fault or
negligence of the Contractor, including, but not restricted to, acts of God, or of the
public enemy, acts of the Owner, acts of another Contractor in the performance of
a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, and severe weather;

c. Any delays of Subcontractors or suppliers occasioned by any of the causes
specified in subsections (a) and (b) of this article:

18.6 The Contractor shall promptly notify the Owner in writing of the causes of the
delay. The Owner shall ascertain the facts and extent of the delay and notify the
Contractor within a reasonable time of his decision in the matter.

Defective Work. Defective work shall be processed as follows:

19.1. The Contractor shall promptly remove from the premises all materials and work
condemned by the Engineer as failing to meet contract requirements, whether
incorporated in the work or not, and the Contractor shall promptly replace and re-execute
his own work in accordance with the contract and without expense to the Owner and shall
bear the expense of making good all work of other Contractors which was destroyed or
damaged by such removal or replacement.

19.2. All removal and replacement work shall be done at the Contractor's expense. If
the Contractor does not take action to remove such condemned work and materials within
10 days after receipt of written notice, the Owner may remove them and store the
material at the expense of the Contractor. If the Contractor does not pay the expense of
such removal and storage within 10 days time thereafter, the Owner may, upon 10 days
written notice, sell such materials at auction or at private sale and shall pay to the
Contractor any net proceeds thereof, after deducting all the costs and expenses that
should have been borne by the Contractor.

Differing Site Conditions. Claims for differing site conditions shall be processed as
follows:

20.1 The Contractor shall promptly and before such conditions are disturbed, notify the
Engineer in writing of:

21.

22.

C-1.16

a. Subsurface or latent physical conditions at the site differing materially
from those indicated in this contract; or,

b. Unknown physical conditions at the site, differing materially from those
ordinarily encountered and generally recognized as inherent in the type of work
provided for in this contract.

20.2 The Engineer shall promptly investigate the conditions. If he finds that conditions
differ materially and will cause an increase or decrease in the Contractor's cost or the
time required to perform any part of the work under this contract whether or not changed
as a result of such conditions, the Engineer shall make an equitable adjustment and
modify the contract in writing.

20.3. No claim of the Contractor under this clause shall be allowed unless the
Contractor has given proper notice as required in paragraph 20.1 of this clause.

20.4 No claim by the Contractor for an equitable adjustment shall be allowed if
asserted after final payment under this contract.

Claims For Extra Cost. Claims for extra cost shall be processed as follows:

21.1 No claim for extra work or cost shall be allowed unless the same was done
pursuant to a written order by the Engineer, approved by the Owner and the claim
presented for payment with the first estimate after the changed or extra work is done.
When work is performed under the terms of article 17, the Contractor shall furnish
satisfactory bills, payrolls and vouchers covering all items of cost when requested by the
Owner and shall allow the Owner access to accounts relating thereto.

21.2 If the Contractor claims that any instructions by drawings or similar documents
issued after the date of the contract involve extra cost under the contract, he shall give the
Engineer written notice after the receipt of such instruction and before proceeding to
execute the work, except in an emergency which threatens life or property, then the
procedure shall be as provided for under article 17, “Extra Work & Change Orders.” No
claim shall be valid unless so made.

Right of Owner to Terminate Contract:

22.1 In the event that any of the provisions of this contract are violated by the
Contractor, or by any of his Subcontractors, the Owner may serve written notice upon the
Contractor and the surety of its intention to terminate the contract, and unless within 10
days after the serving of such notice upon the Contractor, such violation or delay shall
cease and satisfactory arrangement for correction be made, the contract shall, upon the
expiration of said 10 days cease and terminate. In the event of any such termination, the
Owner shall immediately serve notice thereof upon the surety and the Contractor and the
surety shall have the right to take over and perform the contract; provided, however, that
if the surety does not commence performance thereof within 10 days from the date of the
mailing to such surety of notice of termination, the Owner may take over the work and
prosecute the same to completion by contract or by force account for the account and at
the expense of the Contractor and the Contractor and his surety shall be liable to the
Owner for any excess cost occasioned the Owner thereby, and in such event the Owner

C-1.17

may take possession of and utilize in completing the work, such materials, appliances,
and plant as may be on the site of the work and necessary therefore.

22.2 If the Contractor should be adjudged bankrupt, or if he should make a general
assignment for the benefit of his creditors, or if a receiver should be appointed on account
of his insolvency, or if he should refuse or should fail, except in cases for which
extensions of time are provided, to supply enough skilled workmen or materials, or if he
should fail to make payments to Subcontractors or for material or labor, so as to affect the
progress of the work, or be guilty of a violation of the contract, then the Owner, upon the
written notice of the Engineer that sufficient cause exists to justify such action may,
without prejudice to any other right or remedy and after giving the Contractor and his
surety 7 days’ written notice, terminate the employment of the Contractor and take
possession of the premises and of all materials, tools, equipment and other facilities
installed on the work and paid for by the Owner, and finish the work by whatever method
he may deem expedient. In the case of termination of this contract before completion
from any cause whatever, the Contractor, if notified to do so by the Owner, shall
promptly remove any part or all of his equipment and supplies at the expense of the
Contractor. If such expense exceeds such unpaid balance, the Contractor shall pay the
difference to the Owner. The expense incurred by the Owner as herein provided, and the
damage incurred through the Contractor's default, shall be approved by the Engineer.

22.3. Where the contract has been terminated by the Owner, said termination shall not
affect or terminate any of the rights of the Owner as against the Contractor or his surety
then existing or which may thereafter accrue because of such default. Any retention or
payment of monies by the Owner due the Contractor under the terms of the contract, shall
not release the Contractor or his surety from liability for his default.

22.4 After ten (10) days from delivery of a Written Notice to the Contractor and the
Engineer, the Owner may, without cause and without prejudice to any other remedy, elect
to abandon the Project and terminate the Contract. In such case the Contractor shall be
paid for all Work executed and any expense sustained plus reasonable profit.

22.5 If through no act or fault of the Contractor, the Work is suspended for a period of
more than ninety (90) days by the Owner or under an order of court or other public
authority, or the Engineer fails to act on any request for payment within thirty (30) days
after it is submitted, or the Owner fails to pay the Contractor substantially the sum
approved by the Engineer or awarded by arbitrators within thirty (30) days of its approval
and presentation, then the Contractor may, after ten (10) days from delivery of a Written
Notice to the Owner and the Engineer terminate the Contract and recover from the Owner
payment for all Work executed and all expenses sustained. In addition and in lieu of
terminating the Contract, if the Engineer has failed to act on a request for payment or if
the Owner has failed to make any payment as aforesaid, the Contractor may upon ten (10)
days written notice to the Owner and the Engineer stop the Work until paid all amounts
then due, in which event and upon resumption of the Work Change Orders shall be issued
for adjusting the Contract Price or Extending the Contract Time or both to compensate
for the costs and delays attributable to the stoppage of the Work.

22.6 If the performance of all or any portion of the Work is suspended, delayed, or
interrupted as a result of failure of the Owner or Engineer to act within the time specified
in the Contract Documents, or if no time is specified, within a reasonable time, an
adjustment in the Contract Price or an extension of the Contract Time, or both, shall be

23.

24.

C-1.18

made by Change Order to compensate the Contractor for the costs and delays necessarily
caused by the failure of the Owner or Engineer.

Construction Schedule and Periodic Estimates shall provide for the following:

23.1 Before starting the work or upon request by the Engineer during its progress, the
Contractor shall submit to the Engineer a work plan showing construction methods and
the various steps he intends to take in completing the work.

23.2 Before the first partial payment is made, the Contractor shall prepare and submit
to the Engineer:

a. A written schedule fixing the dates for submission of drawings; and

b. A written schedule fixing the respective dates for the start and completion
of segments of the work. Each such schedule shall be subject to review and
change during the progress of the work.

c. Respective dates for submission of Shop Drawings and for the beginning
of manufacture, the testing, and the installation of materials, supplies, and
equipment.

d. A schedule of payments that the Contractor anticipates will be earned
during the course of the Work.

Payments to Contractor. Payments to the Contractor shall be made as follows:

24.1 Progress payments. The Owner will once each month make a progress payment
to the Contractor on the basis of an estimate of the total amount of work done to the time
of the estimate and its value as prepared by the Contractor and approved by the Engineer.

24.2 Retainage by Owner. The Owner will retain a portion of the progress payment,
each month, in accordance with the following procedures:

a. The Owner will establish an escrow account in the bank of the Owner's
choosing. The account will be established such that interest on the principal will
be paid to the Contractor. The principal will be the accumulated retainage paid
into the account by the Owner. The principal will be held by the bank, available
only to the Owner, until termination of the contract.

b Until the work is 50% complete, as determined by the Engineer, retainage
shall be 10% of the monthly payments claimed. The computed amount of
retainage will be deposited in the escrow account established above.

c. After the work is 50% complete, and provided the Contractor has satisfied
the Engineer in quality and timeliness of the work, and provided further that there
is no specific cause for withholding additional retainage no further amount will be
withheld. The escrow account will remain at the same balance throughout the
remainder of the project, unless drawn upon by the Owner in accordance with
articles 19, 22, and 58.

C-1.19

d. Upon substantial or final completion (as defined in article 25), the amount
of retainage will be reduced to 2% of the total Contract Price plus an additional
retainage based on the Engineer's estimate of the fair value of the punch list items
and the cost of completing and/or correcting such items of work, with specified
amounts for each incomplete or defective item of work. As these items are
completed or corrected, they shall be paid for out of the retainage until the entire
project is declared completed (See article 25). The final 2% retainage shall be
held during the one-year warranty period and released only after the Owner has
accepted the project.

24.3 In reviewing monthly estimates for payments of the value of work done, the
Engineer may accept in the estimate, prior to subtracting the retainage, the delivered cost
of certain equipment and nonperishable material which have been delivered to the site or
off-site location and which are properly stored and protected from damage. With the
estimate, the Contractor shall submit to the Engineer invoices as evidence that the
material has been delivered to the site. Prior to submitting the next monthly estimate, the
Contractor shall provide the Engineer with paid invoices or other evidence that the
materials have been paid for. If the Contractor fails to submit such evidence, the
Engineer may then subtract the value of such materials or equipment for which the
Owner has previously paid, from the next monthly estimate. The type of equipment and
material eligible for payment prior to being incorporated in the work will be at the
Engineer's discretion. Material and equipment made specifically for the subject job will
be eligible for payment.

24.4 All material and work for which partial payments have been made shall thereupon
become the sole property of the Owner. This provision shall not be construed as
relieving the Contractor from the sole responsibility for the care and protection of
materials and work upon which payments have been made or for the restoration of any
damaged work, or as a waiver of the right of the Owner to require compliance with all of
the terms of the contract.

24.5 Owner's right to withhold payments and make application. The Contractor agrees
that he will indemnify and save the Owner or the Owner's agents harmless from all
claims growing out of the lawful demands of Subcontractors, laborers, workmen,
mechanics, material men, and furnishers of machinery and parts, equipment, power, tools
and all supplies, including commissary, incurred in the furtherance of the performance of
this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence
that all claims of the nature hereinabove designated have been paid, discharged, or
waived. If the Contractor fails to do so, then the Owner may, upon written notice to the
Contractor either pay unpaid bills of which the Owner has written notice directly, or
withhold from the Contractor's unpaid compensation a sum of money to pay any and all
such lawful claims until satisfactory evidence is furnished that all liabilities have been
fully discharged. Payment to the Contractor shall then be resumed in accordance with the
terms of this contract but in no event shall the above provisions be construed to impose
any obligations upon the Owner to either the Contractor or his surety or any third party.
In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the
Contractor, and any payment so made by the Owner shall be considered as payment made
under contract by the Owner to the Contractor and the Owner shall not be liable to the
Contractor for any such payments made in good faith.

24.6 If the Owner fails to make payment forty-five (45) days after approval by the
Engineer, in addition to other remedies available to the Contractor, there shall be added to

25.

C-1.20

each such payment interest at an annual rate of 10% commencing on the first day after
said payment is due and continuing until the payment is received by the Contractor.

Acceptance and Final Payment provisions shall be as follows:

25.1 Substantial completion and payment.

a. Substantial completion shall be that point, as certified by the Engineer, at
which the contract has been completed to the extent that the Owner may occupy
and/or make use of the work performed for the purposes for which it was
intended. Upon substantial completion there may be minor items, such as
seeding, landscaping, etc., yet to be completed or items of work to be corrected.

b. Upon receipt of written notice from the Contractor that the work is
substantially complete, the Engineer shall promptly make an inspection, and when
he finds the work complies with the terms of the contract and the contract is
substantially completed, he will issue a signed and dated certificate, and a list of
all items to be completed or corrected, stating that the work required by this
contract has been substantially completed and is accepted by him.

c. Upon substantial completion, the entire balance due and payable to the
Contractor less 2 percent of the Contract Price, and less a retention based on the
Engineer's estimate of the fair value for the cost of completing or correcting listed
items of work with specified amounts for each incomplete or defective item of
work shall be made.

d. The general guarantee period for the work shall begin on the date certified
by the Engineer that the work is substantially completed.

25.2 Final completion shall be that point at which all work has been completed and all
defective work has been corrected. Unless the Engineer has issued a certificate of
substantial completion, the general guarantee period shall begin upon certification by the
Engineer of final completion.

25.3. At the end of the general guarantee period for the entire contract which has been
certified finally completed or substantially completed, the Owner, through the Engineer,
shall make a guarantee inspection of all or portions of the work. When it is found that the
work is satisfactory and that no work has become defective under the terms of the
contract, the Owner will accept the entire project and make final payment, including the
reimbursement of monies retained pursuant to the guarantee period.

25.4 If the guarantee inspection discloses any work as being unsatisfactory, the
Engineer will give the Contractor the necessary instructions for correction of such work,
and the Contractor shall immediately execute such instructions. Upon correction of the
work, another inspection will be made which shall constitute the guarantee inspection,
provided the work has been satisfactorily completed.

25.5 Before issuance of final payment, the Contractor shall certify in writing to the
Engineer that all payrolls, material bills, and other indebtedness connected with the work
have been paid or otherwise satisfied; except that in case of disputed indebtedness or
liens, if the contract does not include a payment bond, the Contractor may submit in lieu
of certification of payment a surety bond in the amount of the disputed indebtedness or

26.

27.

C-1.21

liens, guaranteeing payment of all such disputed amounts, including all related costs and
interest in connection with said disputed indebtedness or liens which the Owner may be
compelled to pay upon adjudication.

25.6 If upon substantial completion, full completion is delayed through no fault of the
Contractor, and the Engineer so certifies, the Owner may, upon certificate of the
Engineer, and without termination of the contract, make payment of the balance due for
that portion of the work fully completed and accepted. Such payment shall be made
under the terms and conditions governing final payment, except that it shall not constitute
a waiver of claims.

25.7 The acceptance by the Contractor of final payment shall release the Owner from
all claims and all liability to the Contractor for all things relating to this work and for
every act and neglect of the Owner and others relating to or arising out of this work. No
payment, however, final or otherwise, shall operate to release the Contractor or his
sureties from any obligations of the performance and payment bond under this contract.

Payments by Contractor. The Contractor shall pay the costs:

26.1 For all transportation and utility services not later than the 20th day of the
calendar month following that in which services are rendered;

26.2 For all materials, tools, and other expendable equipment to the extent of 90
percent of the cost thereof, not later than the 20th day of the calendar month following
that in which such materials, tools and equipment are delivered at the site of the work and
the balance of the cost thereof not later than the 30th day following the completion of that
part of the work in or on which such materials, tools and equipment are incorporated or
used; and

26.3 To each of his Subcontractors, not later than the 5th day following each payment
to the Contractor, the respective amounts allowed the Contractor on account of the work
performed by his Subcontractors to the extent of each Subcontractor's interest therein.

Insurance. The Contractor and any Subcontractor shall obtain all the insurance required
under this article and such insurance shall be approved by the Owner.

27.1 The Contractor and all Subcontractors shall procure and shall maintain during the
life of this contract workmen's compensation insurance as required by applicable state
law. The Contractor shall provide and shall cause each Subcontractor to provide
adequate employer's liability insurance.
Limits of Liability: | $100,000 each accident;
$500,000 disease - policy limit;
$100,000 disease - each employee.

27.2 The Contractor shall procure and shall maintain during the life of this contract
Commercial General liability insurance to include contractual liability, explosion,
collapse and underground coverages.
Limits of liability: $1,000,000 each occurrence bodily injury and property
damage;
$2,000,000 general aggregate - include per project
aggregate endorsement;
$2,000,000 products/completed operations aggregate.

28.

C-1.22

If blasting or demolition or both is required by the contract, the Contractor or Subcon-
tractor shall obtain the respective coverage and shall furnish the Engineer a certificate of
insurance evidencing the required coverages prior to commencement of any operations
involving blasting or demolition or both.

27.3. The Contractor shall procure and shall maintain during the life of this contract
comprehensive automobile liability insurance to include all motor vehicles including
owned, hired, borrowed and non-owned vehicles.

Limits of liability: $1,000,000 combined single limit for
bodily injury and property damage.

27.4 The Contractor shall
either:

a. Require each of his Subcontractors to procure and to maintain during the
life of his subcontract commercial general liability insurance and comprehensive
automobile liability insurance of the type and in the amounts specified in articles
27.2 and 27.3; or

b. Insure the activities of his Subcontractors in his policy.

27.5 The required insurance shall provide adequate protection for the Contractor and
his Subcontractors, respectively, against damage claims which may arise from work
under this contract, whether such work be by the insured or by anyone employed by him
and also against any of the special hazards which may be encountered in the performance
of this contract.

27.6 The Contractor shall furnish the Owner with certificates showing the type,
amount, class of operations covered, effective dates and dates of expiration of policies.
Such insurance shall not be canceled or materially altered, except after 10 days written
notice has been received by the Owner.

27.7 For builder's risk insurance (fire and extended coverage) and until the work is
completed and accepted by the Owner, the Contractor is required to maintain builder's
risk type insurance on a 100 percent completed value basis on the insurable portion of the
work for the benefit of the Owner, the Contractor, and Subcontractors as their interests
may appear.

27.8 The Contractor shall take out and furnish to the Owner and maintain during the
life of this contract, complete Owner's protective liability insurance.
Limits of Liability: | $1,000,000 each occurrence;
$2,000,000 aggregate.

Contract Security. The Contractor shall within ten (10) days after the receipt of the
Notice of Award furnish the Owner with a performance bond and a payment bond in
penal sums equal to the amount of the contract price conditioned upon the performance
by the Contractor of all undertakings, covenants, terms, conditions and agreements of the
Contract Documents, and upon the prompt payment by the Contractor to all persons
supplying labor and materials in the prosecution of the Work provided by the contract
Documents. Such Bonds shall be executed by the Contractor and a corporate bonding
company licensed to transact business in the state in which the Work is to be performed

29.

30.

31.

32.

C-1.23

and named on the current list of "Surety Companies Acceptable on Federal Bonds" as
published in the Treasury Department Circular Number 570. The expense of these Bonds
shall be borne by the Contractor.

Additional or Substitute Bond. If at any time a surety on any such Bond is declared as
bankrupt or loses its right to do business in the state in which the Work is to be
performed, or is removed from the list of Surety Companies accepted on Federal Bonds,
the Contractor shall within ten (10) days after notice from the Owner to do so, substitute
an acceptable bond (or bonds) in such form and sum and signed by such other surety or
sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid
by the Contractor. No further payments shall be deemed due nor shall be made until the
new surety or sureties shall have furnished such an acceptable bond to the Owner.

Assignments. The Contractor shall not assign the whole or any part of this contract or
any monies due or to become due hereunder without written consent of the Owner. In
case the Contractor assigns all or any part of any monies due or to become due under this
contract, the instrument of assignment shall contain a clause substantially to the effect
that it is agreed that the right of the assignee in and to any monies due or to become due
to the Contractor shall be subject to prior claims of all persons, firms and corporations for
services rendered or materials supplied for the performance of the work called for in this
contract.

Mutual Responsibility of Contractors. If, through acts of neglect on the part of the
Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the
work site, the Contractor agrees to settle with such other Contractor or Subcontractor by
agreement or arbitration if such other Contractor or Subcontractors will so settle. If such
other Contractor or Subcontractors shall assert any claim against the Owner on account of
any damage alleged to have been sustained, the Owner shall notify the Contractor, who
shall indemnify and save harmless the Owner against any such claim.

Subcontracting. When subcontracting, the Contractor:

32.1 May utilize the services of specialty Subcontractors on those parts of the work
which, under usual contracting practices, are performed by specialty Subcontractors.

32.2 Shall be as fully responsible to the Owner for the acts and omissions of his
Subcontractors, and of persons either directly or indirectly employed by them, as he is for
the acts and omissions of persons directly employed by him.

32.3. Shall cause appropriate provisions to be inserted in all subcontracts relative to the
work to bind Subcontractors to the Contractor by the terms of the contract documents
insofar as applicable to the work of Subcontractors and to give the Contractor the same
power as regards terminating any subcontract that the Owner may exercise over the
Contractor under any provision of the contract documents.

32.4 Shall not create any contractual relation between any Subcontractor and the
Owner.

32.5. Shall not award Work to Subcontractor(s), in excess of fifty percent (50%) of the
Contract Price, without prior written approval of the Owner.

33.

C-1.24

Authority of the Engineer. In performing his duties, the Engineer or his representative
shall:

33.1 Have the authority to suspend the work in whole or in part for such periods as he
may deem necessary due to the failure of the Contractor to carry out provisions of the
Contract or for failure of the Contractor to suspend work in weather conditions
considered by the Engineer to be unsuitable for the prosecution of the work. The
Engineer shall give all orders and directions under this contract, relative to the execution
of the work. The Engineer shall determine the amount, quality, acceptability, and fitness
of the several kinds of work and materials which are to be paid for under this contract and
shall decide all questions which may arise in relation to the work. The Engineer's
estimates and decisions shall be final and conclusive, except as otherwise provided. In
case any question shall arise between the parties hereto relative to said contract or
specifications, the determination or decision of the Engineer shall be a condition
precedent to the right of the Contractor to receive any money or payment for work under
this contract affected to any extent by such question. The Engineer shall decide the
meaning and intent of any portion of the specifications and of any plans or drawings
where the same may be found unclear. Any differences or conflicts in regard to their
work which may arise between the Contractor under this contract and other Contractors
performing work for the Owner shall be adjusted and determined by the Engineer.

a. The purpose of the above article is not in any way to relieve the Contractor
of his responsibilities for the safety of workmen or general public in the execution
of the work. Attention is drawn to Article 13 of these Conditions which refers to
the safety obligations of the Contractor.

b. The Engineer, acting on behalf of the Owner, has the authority to enforce
corrective action for work not in accordance with the specifications.

c. In addition, the Engineer, acting on behalf of the Owner, is to ensure that
the work is in accordance with the Contract documents. He is not held
responsible, however, for the methods of construction, sequences, schedules and
procedures in the execution of the work. The Engineer does have the opportunity
under 33.1 to reject the method of construction, work plan schedule, procedures,
as he thinks appropriate.

33.2 Appoint assistants and representatives as he desires, and they shall be granted full
access to the work under the contract. They have the authority to give directions
pertaining to the work, to approve or reject materials, to suspend any work that is being
improperly performed, to make measurements of quantities, to keep records of costs, and
otherwise represent the Engineer in all matters except as provided below. The Contractor
may, however, appeal from their decision to the Engineer himself, but any work done
pending its resolution is at the Contractor's own risk. Except as permitted and instructed
by the Engineer, the assistants and representatives are not authorized to revoke, alter,
enlarge, relax, or release any requirements of these specifications, nor to issue
instructions contrary to the plans and specifications. They are not authorized to act as
superintendents or foremen for the Contractor, or to interfere with the management of the
work by the Contractor. Any advice which the assistants or representatives of the
Engineer may give the Contractor shall not be construed as binding the Engineer or the
Owner in any way, nor as releasing the Contractor from the fulfillment of the terms of the
contract. All transactions between the Contractor and the representatives of the Engineer
which are liable to protest or where payments are involved shall be made in writing.