|
such use or occupancy shall commence before the insurers
<br />providing thc property insurance ha're acknowledged notice
<br />thereof and in writing effected the changes in coverage neces-
<br />sitated thereby. The insurers providing the property insur-
<br />ance shall consent by endorsement on the policy or policies.
<br />but the property insurance shall not bc cancelled or lapse on
<br />account of any such partiat use or occupancy.
<br />
<br />ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
<br />
<br />Super'vi*ion and Superintendence:
<br />
<br /> 6.1. CONTRACTOR shall supervise and direct the Work
<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 Doc-
<br />uments. CONTRACTOR shall be solely responsible for the
<br />means, methods, techniques, sequences and procedures of
<br />construction, but CONTRACTOR shall not be respons~le
<br />for the negligence of others [n the design or selection of a
<br />spec[fie means, method, technique, sequence or procedure
<br />of construction which is indicated in and required by the
<br />Contract Documents. CONTRACTOR shall be responsible
<br />to see that the finished Work complies accurately with the
<br />Contract Documents.
<br />
<br /> 6.2. CONTRACTOR shall keep on the Work at all times
<br />during its progress a competent resident superintendent, who
<br />shall not be replaced without written notice to OWNER and
<br />ENGINEER except underextraordlnary circumstances. The
<br />superintendent will be CONTRACTOR's representative at
<br />the ske and shall have authority to act on behalf of CON-
<br />TRACTOR. All communications given to the superintendent
<br />shall be as binding as if given to CONTRACTOR.
<br />
<br />Labor, Mutedal$ and Eqtdpment:
<br />* 6.3. CONTRACTOR shall provide competent, suitably
<br />~tualified personnel to survey and lay out the Work and per-
<br />form construction as required by the Contract Documents.
<br />CONTRACTOR shall at all times maintain good discipline
<br />and order at the site. Except in connection with the safety or
<br />protection of persons or the Work or property at the site or
<br />adjacent thereto, and except as otherwise indicated in the
<br />Contract Documents, all Work at the site shall be performed
<br />during regular working hours, and CONTRACTOR will not
<br />permit overtime work or the performance of Work on Sat-
<br />urday, Sunday or any legal holiday without OWNER's writ-
<br />ten consent given after prior written notice to ENGINEER.
<br />
<br /> 6.4. Unless otherwise specified in the General Require-
<br />ments, CONTRACTOR shall furnish and assume full respon-
<br />sibility for all materials, equipment, labor, transportation,
<br />construction equipment and machinery, tools, appliances,
<br />fuel, power, light, heat, telephone, water, sanitary facilities,
<br />temporary facilities and all other facilities and incidentals
<br />necessary for Ihe furnishing, performance, testing, start-up
<br />and completion of the Work.
<br />
<br />*See Supplementary Conditions
<br />
<br />42 '
<br />
<br /> 6.5. Ail materials and equipment shall be of good quality
<br />and new. except as otherwise provided in the Contract Doc.
<br />aments. [f required by ENGINEER, CONTRACTOR shall
<br />furnish satisfactory evidence (including repmls of required
<br />tests) as to the kind and quality of materials and equipment.
<br />Ail materials and equipment shall be applied, installed, con-
<br />nected, 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 />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 />ity to undertake responsibility contrary to the provisions of
<br />paragraph 9.15 or 9.16.
<br />
<br />Adjusting Progress Schedule:
<br />
<br /> 6.6. CONTRACTOR shall submit to ENGINEER for
<br />acceptance (to the extent indicated in paragraph 2.9) adjust-
<br />ments in the progress schedule to reflect the impact thereon
<br />of new developments; these wi[[ conform generally to the
<br />progress schedule then in effect and additionally will comply
<br />with any provisions of the General Requirements applicable
<br />thereto.
<br />
<br />Substitutes or "Or-Equal" Items:
<br />
<br /> 6.7.1. Whenever materials or equipment are specified
<br /> ordescribed in the Contract Documents by using the name
<br /> of a proprietary item or the name of a particular Supplier
<br /> the naming of the item is intended to establish the typo,
<br /> function and quality required. Unless the name is followed
<br /> by words indicating that no substitution is permitted,
<br /> materials orequlpment ofotherSuppllers may be accepted
<br /> 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 /> to that named. The procedure for review by ENGINEER
<br /> will include the following as supplemented in the General
<br /> Requirements. Requests for review of substitute items of
<br /> material and equipment will not be accepted by ENGI-
<br /> NEER from anyone other than CONTRACTOR. If CON-
<br /> TRACTOR wishes to furnish or use a substitute item of
<br /> material or equipment, CONTRACTOR shall make writ-
<br /> ten application to ENGINEER for acceptance thereof,
<br /> certifying that the proposed substitute will perform ade-
<br /> quately the functions and achieve the results called forby
<br /> the general design, be similar and of equal substance to
<br /> that specified and be suited to the same use as that spec-
<br /> ified. The application will state that the evaluation and
<br /> acceptance of the proposed substitute will not prejudice
<br /> CONTRACTOR's achievement of Substantial Comple-
<br /> tion on time, whether or not acceptance of the substitute
<br /> for use in the Work will require a change in any of the
<br /> Contract Documents (or in the provisions of any other
<br /> direct contract with OWNER for work on the Project) to
<br /> adapt the design to the proposed substitute and whether
<br /> or not incorporation or use of the substitut~ in connection
<br /> with the Work is subject to payment of any license fee or
<br />
<br />
<br />
|