HOURS OF THE
OCCURRENCE OF SUCH INCIDENT; PROVIDED, HOWEVER, NOTIFICATION SHALL BE PROVIDED
TO OWNER IMMEDIATELY IF THE INCIDENT IS OF SIGNIFICANT MAGNITUDE TO THREATEN
PUBLIC OR EMPLOYEE SAFETY, CAUSE SIGNIFICANT PROPERTY DAMAGE OR INTERRUPT THE
WORK;
3.
MONTHLY PROGRESS REPORTS ("MONTHLY
PROGRESS REPORTS") WITH THE INFORMATION SPECIFIED IN ATTACHMENT A.
3.20
PAYMENT.
CONTRACTOR SHALL TIMELY MAKE ALL
PAYMENTS REQUIRED TO BE PAID TO OWNER PURSUANT TO THE TERMS OF THIS AGREEMENT.
3.21
COMMERCIAL ACTIVITIES.
NEITHER CONTRACTOR NOR
ITS EMPLOYEES SHALL ESTABLISH ANY COMMERCIAL ACTIVITY OR ISSUE CONCESSIONS OR
PERMITS OF ANY KIND TO THIRD PARTIES FOR ESTABLISHING COMMERCIAL ACTIVITIES ON
THE SITE OR ANY OTHER LANDS OWNED OR CONTROLLED BY OWNER.
3.22
TITLE TO MATERIALS FOUND.
AS BETWEEN OWNER AND
CONTRACTOR, THE TITLE TO WATER,
30
SOIL, ROCK, GRAVEL, SAND, MINERALS, TIMBER, DREDGE MATERIAL, AND ANY OTHER
MATERIALS DEVELOPED OR OBTAINED IN THE EXCAVATION OR OTHER OPERATIONS OF
CONTRACTOR, ANY SUBCONTRACTOR OR SUB-SUBCONTRACTOR AND THE RIGHT TO USE SAID
MATERIALS OR DISPOSE OF SAME IS HEREBY EXPRESSLY RESERVED BY OWNER.
NOTWITHSTANDING THE FOREGOING, CONTRACTOR SHALL BE PERMITTED, WITHOUT CHARGE, TO
USE IN THE WORK ANY SUCH MATERIALS THAT COMPLY WITH THE REQUIREMENTS OF THIS
AGREEMENT. MATERIAL DREDGED IN THE PERFORMANCE OF THE WORK SHALL BE DEPOSITED IN
THE AREAS DESIGNATED BY OWNER AS SET FORTH IN ATTACHMENT Y.
3.23
SURVEY CONTROL POINTS AND LAYOUT.
CONTRACTOR
SHALL ESTABLISH ALL SURVEY CONTROL POINTS AND LAYOUT THE ENTIRE WORK IN
ACCORDANCE WITH THE REQUIREMENTS OF THIS AGREEMENT, WHICH SHALL BE BASED ON THE
SURVEY CONTROL POINT ESTABLISHED BY OWNER PURSUANT TO THIS AGREEMENT.
IF
CONTRACTOR OR ANY OF ITS SUBCONTRACTORS, SUB-SUBCONTRACTORS OR ANY OF THE
REPRESENTATIVES OR EMPLOYEES OF ANY OF THEM MOVE OR DESTROY OR RENDER INACCURATE
THE SURVEY CONTROL POINT PROVIDED BY OWNER, SUCH CONTROL POINT SHALL BE REPLACED
BY CONTRACTOR AT CONTRACTOR'S OWN EXPENSE.
3.24
COOPERATION WITH OTHERS.
A.
COOPERATION ON THE SITE.
SUBJECT TO THE
PROVISIONS OF THIS AGREEMENT, INCLUDING SECTION 4.3, CONTRACTOR ACKNOWLEDGES
THAT OWNER OR OWNER'S OTHER CONTRACTORS OR SUBCONTRACTORS MAY BE WORKING AT THE
SITE DURING THE PERFORMANCE OF THIS AGREEMENT AND CONTRACTOR'S WORK OR USE OF
CERTAIN FACILITIES MAY BE INTERFERED WITH AS A RESULT OF SUCH CONCURRENT
ACTIVITIES. OWNER SHALL PROVIDE CONTRACTOR WITH REASONABLE NOTICE OF ANY REQUEST
FOR ACCESS TO THE SITE BY (I) ANY OF OWNER'S OTHER CONTRACTORS OR SUBCONTRACTORS
SEEKING TO PERFORM WORK AT THE SITE OR (II) ANY LANDOWNER.
SUBJECT TO SECTION
4.3, CONTRACTOR AGREES TO USE REASONABLE EFFORTS TO ACCOMMODATE SUCH REQUEST AND
TO COORDINATE THE PERFORMANCE OF THE WORK WITH SUCH OTHER CONTRACTORS OR
SUBCONTRACTORS PERFORMING WORK AT THE SITE SO AS NOT TO MATERIALLY INTERFERE
WITH ANY OF OWNER'S OTHER CONTRACTORS OR SUBCONTRACTORS PERFORMING WORK AT THE
SITE.
B.
COOPERATION WITHIN THE OFF-SITE RIGHTS OF
WAY AND EASEMENTS.
OWNER SHALL PROVIDE CONTRACTOR WITH REASONABLE PRIOR NOTICE
OF ACCESS TO THE OFF-SITE RIGHTS OF WAY AND EASEMENTS BY (I) ANY OF OWNER'S
OTHER CONTRACTORS OR SUBCONTRACTORS SEEKING TO PERFORM WORK WITHIN SUCH OFF-SITE
RIGHTS OF WAY