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
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