|
<br />I
<br />
<br />circumstances. The superintendent will be Contractor's
<br />representative at the Site and shall have authority to act on
<br />behalf of Contractor. All communications given to or
<br />received from the superintendent shall be binding on
<br />Contractor.
<br />
<br />I
<br />
<br />I
<br />
<br />6.02 Labor; Working Hours
<br />
<br />I
<br />
<br />A. Contractor shall provide competent, suitably
<br />qualified personnel to survey and layout the Work and
<br />perform construction as required by the Contract Docu-
<br />ments. Contractor shall at all times maintain good disci-
<br />pline and order at the Site.
<br />
<br />I
<br />
<br />B. Except as otherwise required for the safety or
<br />protection of persons or the Work or property at the Site
<br />or adjacent thereto, and except as otherwise stated in the
<br />Contract Documents, all Work at the Site shall be
<br />performed during regular working hours. Contractor will
<br />not permit the performance of Work on a Saturday,
<br />Sunday, or any legal holiday without Owner's written
<br />consent (which will not be unreasonably withheld) given
<br />after prior written notice to Engineer.
<br />
<br />I
<br />
<br />I
<br />
<br />I
<br />
<br />6.03 Services, Materials, and Equipment
<br />
<br />I
<br />
<br />A. Unless otherwise specified in the Contract
<br />Documents, Contractor shall provide and assume full
<br />responsibility for all services, materials, equipment, labor,
<br />transportation, construction equipment and machinery,
<br />tools, appliances, fuel, power, light, heat, telephone,
<br />water, sanitary facilities, temporary facilities, and all other
<br />facilities and incidentals necessary for the performance,
<br />testing, start-up, and completion ofthe Work.
<br />
<br />I
<br />
<br />I
<br />
<br />B. All materials and equipment incorporated into
<br />the Work shall be as specified or, ifnot specified, shall be
<br />of good quality and new, except as otherwise provided in
<br />the Contract Documents. All special warranties and
<br />guarantees required by the Specifications shall expressly
<br />run to the benefit of Owner. If required by Engineer,
<br />Contractor shall furnish satisfactory evidence (including
<br />reports of required tests) as to the source, kind, and
<br />quality of materials and equipment.
<br />
<br />E
<br />
<br />I
<br />
<br />I
<br />
<br />C. All materials and equipment shall be stored,
<br />applied, installed, connected, erected, protected, used,
<br />cleaned, and conditioned in accordance with instructions
<br />of the applicable Supplier, except as otherwise may be
<br />provided in the Contract Documents.
<br />
<br />I
<br />
<br />I
<br />
<br />6.04 Progress Schedule
<br />
<br />I
<br />
<br />A. Contractor shall adhere to the Progress
<br />Schedule established in accordance with Paragraph 2.07
<br />as it may be adjusted from time to time as provided
<br />below.
<br />
<br />I
<br />
<br />I. Contractor shall submit to Engineer for
<br />acceptance (to the extent indicated in Paragraph 2.07)
<br />proposed adjustments in the Progress Schedule that will
<br />not result in changing the Contract Times. Such adjust-
<br />ments will comply with any provisions of the General Re-
<br />quirements applicable thereto.
<br />
<br />2. Proposed adjustments in the Progress
<br />Schedule that will change the Contract Times shall be
<br />submitted in accordance with the requirements of Article
<br />12. Adjustments in Contract Times may only be made by
<br />a Change Order.
<br />
<br />6.05 Substitutes and "Or-Equals"
<br />
<br />A. Whenever an item of material or equipment is
<br />specified or described in the Contract Documents by
<br />using the name of a proprietary item or the name of a
<br />particular Supplier, the specification or description is
<br />intended to establish the type, function, appearance, and
<br />quality required. Unless the specification or description
<br />contains or is followed by words reading that no like,
<br />equivalent, or "or-equal" item or no substitution is
<br />permitted, other items of material or equipment or
<br />material or equipment of other Suppliers may be
<br />submitted to Engineer for review under the circumstances
<br />described below.
<br />
<br />I. "Or-Equal" Items: If in Engineer's sole
<br />discretion an item of material or equipment proposed by
<br />Contractor is functionally equal to that named and
<br />sufficiently similar so that no change in related Work will
<br />be required, it may be considered by Engineer as an
<br />"or-equal" item, in which case review and approval of the
<br />proposed item may, in Engineer's sole discretion, be
<br />accomplished without compliance with some or all of the
<br />requirements for approval of proposed substitute items.
<br />For the purposes of this Paragraph 6.05.A.l, a proposed
<br />item of material or equipment will be considered
<br />functionally equal to an item so named if:
<br />
<br />a, in the exercise of reasonable judgment
<br />Engineer determines that:
<br />
<br />1) it is at least equal in materials of
<br />construction, quality, durability, appearance,
<br />strength, and design characteristics;
<br />
<br />2) it will reliably perform at least
<br />equally well the function and achieve the results
<br />imposed by the design concept of the completed
<br />Project as a functioning whole,
<br />
<br />3) it has a proven record of performance
<br />and availability of responsive service; and
<br />
<br />b. Contractor certifies that, if approved and
<br />incorporated into the Work:
<br />
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright (j'J 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 19
<br />
<br />I
<br />
<br />04/08
<br />
<br />06-5723
<br />
|