3. A CONTRACTOR whose bid is accepted shall not substitute any person for a subcontractor who is
named in the bid, unless:
a. The awarding authority objects to the subcontractor, requests in writing a change in the
subcontractor and pays any increase in costs resulting from the change; or
b. The substitution is approved by the awarding authority and:
unilaterally, without notice to CONTRACTOR, retain an amount of up to 10% from each progress payment until the
OWNER determines CONTRACTOR has complied with the provisions of this supplementary condition.
others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. 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 or agents, and other consultants 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
may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other
individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.
b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine
that the item of material or equipment proposed is essentially equivalent to that named and an acceptable
substitute therefore. Requests for review of proposed substitute items of material or equipment will not be
accepted by ENGINEER from anyone other than CONTRACTOR.
appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and
incidentals necessary for the performance, testing, start-up, and completion of the Work.
OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued
and will contain waiver provisions in accordance with paragraph 5.07.
5.06 Waiver of Rights
been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so
provide);
6. Remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting,
removing or replacing defective Work in accordance with paragraph 13.07; and
5.03 Certificates of Insurance
A. CONTRACTOR shall deliver to OWNER 10 days prior to Work, with copies to each additional insured identified
in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or
any other additional insured) which CONTRACTOR is required to purchase and maintain.
5.04 CONTRACTOR’ Liability Insurance
F. If after receipt of such written a notice CONTRACTOR does not agree to resume such Work based on a reasonable
belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the
portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and
CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price
