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Subcontract#: 061804-017 _ <br /> Page 13/Rev 171204 <br /> progress payment per CDOT Standard Specifications, section 109.06 (g) 'Good Cause <br /> Exemption'. Adequate justification includes but is not limited to: <br /> • Failure to make timely submission of required paperwork <br /> ■ Failure to remedy outstanding NCRs <br /> • Subcontractor's failure to remedy within a reasonable period of time, as not to impact <br /> Contractor's Project Schedule for items such as failure to remedy any outstanding NCR's or <br /> failure to comply with the provisions of the Project QMP document and/or CDOT <br /> Specifications, may, at the sole option of the Contractor, consider the Subcontractor in default <br /> and allow Contractor to exercise its rights under Article 6.1 "Default" of this agreement to <br /> remedy the Subcontractor's noncompliance. <br /> 3.3 Submittals: In accordance with Contractor's submittal schedule, Subcontractor shall submit for <br /> Contractor's review and approval all submittals, including shop drawings, lists of materials, product <br /> data and samples, job-hazard analyses, and all other items required by Contractor or Owner to be <br /> submitted related to the Work. Contractor or Owner's approval of a submittal that changes the <br /> Contract Documents shall not constitute approval of the change, or authorize such a change, unless <br /> Contractor and Owner have agreed in writing to approve the change. Contractor or Owner's review or <br /> approval of any submittal, calculation, or other design document prepared by Subcontractor as part of <br /> its Work does not excuse Subcontractor from its responsibility to perform its work according to its <br /> applicable standards of care. <br /> 3.4 Communication With Owner: All communication required between Subcontractor and Owner <br /> or Owner's Representative in regards to the Work must be transmitted through Contractor unless <br /> otherwise specified in this Agreement. If requested by Contractor, Subcontractor shall attend <br /> meetings with Contractor, Owner, and/or other design professionals or subcontractors, to discuss <br /> design and/or construction issues that may arise. <br /> 3.5 Commencement: Subcontractor will commence the Work as is agreed upon herein at any <br /> time within three (3) calendar days of written notice by Contractor or as required by Owner and will <br /> proceed to completion with all due diligence and speed. <br /> 3.6 Schedule: Time is of the essence for both Contractor and Subcontractor. The Parties agree to <br /> cooperate to develop and to perform their respective obligations so that the Work can be completed in <br /> accordance with the project schedule and/or Contract Documents. Contractor reserves the right to <br /> modify any project schedule or sequence as it deems necessary for compliance with the Prime <br /> Contract or at Owner's direction. Subcontractor will keep itself apprised of Work status and schedule <br /> changes. Contractor may suspend the Work, in whole or in part, for cause, for convenience, or if the <br /> Prime Contract is suspended, in whole or in part. Subcontractor shall immediately stop the Work and <br /> resume the Work as reasonab'- directed by Contractor. <br /> 3.7 Verification of Site Conditions: Subcontractor shall immediately notify Contractor in writing of <br /> any site condition that differs materially from any Contract Document or technical data made available <br /> to Subcontractor. Subcontractor agrees that no additional compensation will be paid as a result of <br /> unforeseen site conditions unless otherwise provided for in the Prime Contract and unless Owner <br /> pays Contractor for costs incurred as a result of unforeseen site conditions, in which case <br /> Subcontractor shall be paid its proportionate share of those costs. <br /> 3.8 Changes/Change Orders: Contractor may at any time by written change order, and without <br /> notice to Subcontractor's sureties, make changes in, additions to and/or omissions from the Work, <br /> without invalidating this Agreement, and Subcontractor shall promptly proceed with the change, <br /> addition, and/or omission in accordance with the change order and the Contract Documents. <br /> Equal Opportunity/Affirmative Action Employer <br />