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such usc or occupancy shall commcncc before thc insurers 6.5. All materials and equipment shaft be of good quality <br />providing the properW insurance ha& acknowledged notice and new. except as otherwise provided in the Comrnct Doc- <br />thereofandinwfitingeffectedthechangcsincoveragencces- urnents. If required by ENGINEER, CONTRACTOR shall <br />sitated thereby. The insurers providing the property insur- furnish satisfactory evidence (including rcpotXs of required <br />anco shall consent by endorsement on the policy or policies, testsl as to the kind and quality of materials and equipment. <br />but the property insurance shall not be cancelled or lapse on All materials and equipment shall be applied, installed, con- <br />account of any such parlial use or occupancy, hooted, erected, used, cleaned and conditioned in accordance <br /> with the instructions of the applicable Supplier except as <br /> otherwise provided in the Contract Documents; but no pro- <br /> vision of any such instructions will be effective to assign to <br />ARTICLE 6.--CONTRACTOR'S RESPONSIBILITIES ENGINEER, or any of ENGINEER's consultants, agents or <br /> employees, any duty or authority to supervise or direct the <br /> furnishing or performance of the Work or any duty or author- <br />Supervision and Superintendence: ity to undertake responsibility contrary to the provisions of <br />6.1. CONTRACTOR shall supervise and direct the Work paragraph 9.15 or 9.16. <br />competently and efficiently, devoting such attention thereto <br />and applying such skills and expertise as may be necessary <br />to perform the Work in accordance with the Contract Doe- Adjusting Progress Schedule: <br />uments. CONTRACTOR shall be solely responsible for the 6.6. CONTRACTOR shall submit to ENGINEER for <br />means, methods, techniques, sequences and procedures of acceptance (to the extent indicated in paragraph 2.9) adjust- <br />construction, but CONTRACTOR shall not be responsible merits in the progress schedule to reflect the impact thereon <br />for the negligence of others in the design or selection of a of new developments; these will conform generally to the <br />specific means, method, technique, sequence or procedure progress schedule then in effect and additionally will comply <br />of construction which is indicated in and required by the with any provisions of the General Requirements applicable <br />Contract Documents. CONTRACTOR shall be responsible thereto. <br />to see that the finished Work complies accurately with the <br />Contract Documents. <br /> Substitutes or "Or-Equal" Items: <br />6.2. CONTRACTOR shall keep on the Work at all times 6.7.1. Whenever materials or equipment are specified <br />during its progress a competent resident superintendent, who or described in the Contract Documents by using the name <br />shall not be replaced without written notice to OWNER and ora proprietary item or the name of a particular Supplier <br />ENGINEERexeept under extraordinary circumstances. The the naming of the item is intended to establish the type, <br />superintendent will be CONTRACTOR's representative at. function and quality required. Unless the name is followed .. <br />the site and shall have authority to act on behalf of CON- by words indicating that no substitution is permitted, <br />TRACTOR. All communications given to the superintendent materials or equipment of other Suppliers may be accepted <br />shall be as binding as if given to CONTRACTOR. by ENGINEER if sufficient information is submitted by <br /> CONTRACTOR to allow ENGINEER to determine that <br /> the material or equipment proposed is equivalent or equal <br />Labor, Maleri. al$ andEqulpment: to that named. The procedure for review by ENGINEER <br />~6.3. CONTRACTOR shall provMe compotent, suitably will include the following as supplemented in the General <br />qualified personnel to survey and lay out the Work and per- Requirements. Requests for review of substitute items of <br />form construction as required by the Contract Documents. material and equipment will not be accepted by ENGI- <br />CONTRACTOR shall at all timea maintain good discipline NEER from anyone other than CONTRACTOR. If CON- <br />and order at the site. Except in connection with the safety or TRACTOR wishes to furnish or use a substitute item of <br />protection of persons or the Work or property at the site or material or equipment, CONTRACTOR shall make writ- <br />adjacent thereto, and except as otherwise indicated in the ten application to ENGINEER for acceptance 3bereof, <br />Contract Documents, all Work at the site shall be performed certifying that the proposed substitute will perform adc- <br />during regular working hours, and CONTRACTOR will not quately the functions and achieve the results called for by <br />permit overtime work or thc performance of Work on Sat- thc general design, be similar and of equal substance to <br />urday, Sunday or any legal holiday without OWNER's writ- that spocificd and bc suited to thc same usc as that spec- <br />ten consent given after prior written notice to ENGINEER. ified. Thc application will state that thc evaluation and <br /> acceptance of thc proposed substitute will not prejudice <br />6.4. Unless otherwise specified in thc General Require- CONTRACTOR's achievement of Substantial Comple- <br />ments, CONTRACTOR shall furnish and assume full respon- tion on time, whether or not acceptance of the substitute <br />sibility for all materials, equipment, labor, transportation, for use in the Work will require a change in any of the <br />construction equipment and machinery, tools, appliances, Contract Documents (or in the provisions of any other <br />fuel, power, light, heat, telephone, water, sanitary facilities, direct contract with OWNER for work on the Project) to <br />temporary facilities and all other facilities and incidentals adapt the design to the proposed substitute and whether <br />necessary for thc furnishing, performance, testing, start.up or not incorporation or usc of thc substitut~ in conncction <br />and completion of the Work. with the Work is subject to payment of any license fcc or <br /> <br /> *See Supplementary Conditions <br /> 42 <br /> <br /> <br />