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ERI Consulting, Inc. <br /> <br /> 5.3 CONTRACTOR'S RESPONSIBILITIES: The Contractor shall supervise and direct the <br /> Work using his best skill and attention. He shall be solely responsible for <br /> all construction means, methods, techniques, sequences and procedures, and for <br /> coordinating all portions of the Work under his Contract in accordance with <br /> the plans and specifications. <br /> <br /> 5.4 CONTP~ACTOR'S SUPERINTENDENT: The Contractor shall employ a competent <br /> superintendent who shall be in attendance at the Project site during the <br /> progress of the Work. The superintendent shall be satisfactory to the Owner, <br /> and shall not be changed except with the approval of the Owner, or if he <br /> leaves the employment of the Contractor. The superintendent shall represent <br /> the Contractor and shall have full authority to act on his behalf. All <br /> communications given to the superintendent shall be as bindin~ as if ~iven to <br /> the Contractor. All verbal communications will be confirmed in writing. <br /> <br /> 5.5 ACTS AND OMISSIONS: The Contractor shall be responsible for acts and <br /> omissions of his employees and his subcontractors, their a~ents and employees. <br /> <br /> 5.6 CONDITIONS AT SITE OR BUILDING: <br /> 5.6.1 The Contractor is responsible for havin~ visited the site and havin~ <br /> ascertained pertinent local conditions such as location, <br /> accessibility, and ~eneral character of the site or building, the <br /> character and extent of existin~ work within an adjacent to the site, <br /> and any other work being performed thereon at the time of the <br /> submission of his proposal. Any failure to do so will not relieve him <br /> from responsibility for successfully performin~ the Work without <br /> additional expense to the Owner. <br /> <br /> 5.6.2 If, in the performance of the Contract, subsurface, latent or <br /> concealed conditions at the site are found to be materially different <br /> from those indicated by the Drawings and Specifications, or if unknown <br /> conditions of an unusual nature are disclosed which differ materially <br /> from the conditions usually inherent in work of the character shown <br /> and specified, the Engineer/Project Manager shall be notified in <br /> writin~ of such conditions before they are disturhed. Upon such <br /> notice, or upon his own observation of such conditions, the <br /> Engineer/Project Manager, with the approval of the Owner, will <br /> promptly make such changes in the Drawings and Specifications as he <br /> deems necessary to conform to the different conditions, and any <br /> increase or decrease in the cost of the Work, or in the time within <br /> which the Work is to be completed, resulting from such chan~es will <br /> <br />_ 4/11/03 8 <br /> <br /> <br />