CONTRACTOR

6.1 Supervision and Superintendence 6.1.1. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. 6.1.1.1. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but Contractor shall not be responsible for the negligence of Owner or Architect/Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction, which is shown or indicated in and expressly required by the Contract Documents. 6.1.1.1.1. When the Contract Documents specify the use of a specific means, method, technique, sequence, or procedure of construction, which is shown or indicated in and expressly required by the Contract Document, such means, method, technique, sequence, or procedure of construction shall be used unless others are authorized by the Owner's Representative. 6.1.1.1.2. If the Contractor desires to use a means, method, technique, sequence, or procedure of construction other than specified in the Contract Documents, he shall request authority from the Owner's Representative to do SO. 6.1.1.1.2.1. The request shall be in writing and shall include a description of the methods and equipment proposed and of the reasons for desiring to make the change. 6.1.1.1.2.2. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with the Contract Documents. 6.1.1.1.2.3. If, after trial use of the substituted methods or equipment, the Owner's Representative determines that the Work produced does not meet Contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining Work with the specified methods and - 28 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS equipment. 6.1.1.1.2.4. The Contractor shall remove the deficient Work and replace it with Work of specified quality, or take such other corrective action as the Owner's Representative may direct. 6.1.1.1.2.5. No change will be made in the Contract amount for the construction items involved or in Contract Time as a result of authorizing a change in methods or equipment under these provisions. 6.1.1.1.3. Contractor shall be responsible to ascertain that the completed Work complies accurately with the Contract Documents. 6.1.2. Project Manager. Unless otherwise indicated in the Contract Documents, the Contractor shall employ a competent licensed and collegiate architect or engineer, as the Project Manager, and necessary assistants to direct the Work. These assistants shall be in attendance at the project site at all times during the prosecution of the Work. The Project Manager shall be satisfactory to the Owner or his representatives and shall not be changed except with the consent of the Owner, unless the Project Manager proves to be unsatisfactory to the Contractor (and Contractor gives Owner written notice of the specific reason for removal as Project Manager) or ceases to be in Contractor's employ. 6.1.2.1. The Project Manager will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. The Contractor, prior to the start of the Project, will inform the Owner's Representative, if already assigned, or the Owner, if not assigned, the name, authority and responsibilities of the Project Manager and/or Superintendent. 6.1.2.1.1. All communications given or received from the Project Manager shall be binding on Contractor. All communications related to the Contract directed to the Contractor and/or proceeding from the Owner, Architect/Engineer, Owner's Representative and other representatives of the Owner shall be made thru the Project Manager. 6.2 Labor and Working Hours 6.2.1. Contractor shall provide competent, suitably qualified personnel to survey, layout, and construct the Work as required by the Contract Documents. 6.2.1.1. The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ in relation to the Project or the Work any unfit person or anyone not skilled in the task assigned to him. 6.2.1.1.1. The Contractor shall be responsible to the Owner for the acts and omissions of all of his employees and all subcontractors, their agents and employees and all other persons performing any work under a contract with the Contractor. 6.2.1.2. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the Work to full completion in the manner and within the time required in the Contract Documents. 6.2.1.2.1. Workers engaged in special work or skilled work shall have sufficient experience in the performance of such work and in the operation of the equipment and tools to perform it properly and satisfactorily. 29 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.2.1.2.2. Any person employed by the Contractor or by a subcontractor who, as determined by the Owner's Representative, does not perform his work in a proper and skillful manner, or is disrespectful, intemperate, disorderly or otherwise objectionable shall, at the written request of the Owner's Representative, be removed forthwith by the Contractor or Subcontractor employing such employee, and such person shall not be employed again on any portion of the Work without the written consent of the Owner's Representative. Owner's Representative shall specify, in writing, the reason for the removal of such person from the jobsite. 6.2.1.2.2.1. Should the Contractor fail to remove such person or persons as required herein, the Owner may withhold payment of estimates which are or may become due, or may suspend the Work by written notice until such orders are complied with. 6.2.2. Except as otherwise required for the safety or protection of persons or the Work or property at the Site, or adjacent thereto, or for completion of daily Work as provided in Article 9.1.2.2.2. or as otherwise stated in the Contract Documents, all Work shall be performed during regular working hours and Contractor will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without Owner's Representative's written consent (which will not be unreasonably withheld). 6.2.2.1. The Contractor shall comply with all the applicable Federal and Commonwealth laws, rules and regulations concerning fair labor practices including minimum wages, work hours, equal employment opportunities, nondiscrimination, civil rights, employment of minors, and other labor relation matters. 6.2.2.2. The Contractor shall pay weekly, in lawful money of the United States of America, including payment by check or direct deposit, the entire amount of wages, less legally authorized or mandated deductions, earned by each of the laborers and employees engaged in the work. 6.2.2.2.1. The Contractor shall make available the Project payrolls to the Owner's Representative for inspection and shall submit copies of such payrolls to the Owner's Representative when required. 6.2.2.2.1.1. Any irregularities noted in the Project's payrolls will be brought to the attention of the Contractor by the Owner's Representative for appropriate corrective action and payment of any pending wages. Should the Contractor fail to take the necessary action, he will be subject to such civil and criminal proceedings as provided by law and regulations. 6.2.2.2.1.2. Payment of wages to laborers and employees of the Contractor for their work shall have preference over the payment of other debts of the Contractor, except as otherwise established by law. 6.3 Services, Materials, and Equipment 6.3.1. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. 6.3.2. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. 6.3.2.1. All warranties and guarantees required by the Contract Documents shall expressly benefit Owner. - 30 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.3.2.2. If required by Owner's Representative, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 6.3.2.3. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 6.4 Progress and Other Schedules 6.4.1. Measurement and payment. 6.4.1.1. Unless otherwise specified in the Contract Documents, all costs in connection with the preparation and maintenance of schedules, workplans, submittals and other work specified in this Article 6.4 are to be included and form part of the project's general administrative expenses. Contractor's Cost for said work required in Article 6.4 shall not be paid as a separate pay item in Unit Price contracts or as a Schedule of Values item, in Lump Sum contracts. 6.4.2. General. 6.4.2.1. Progress schedules shall represent a practical plan to complete the Work within the Contract Time, and shall convey the Contractor's intent as to the manner of prosecuting the progress of the Work. 6.4.2.2. The scheduling and execution of construction in accordance with the Contract Documents are the responsibility of the Contractor. The Contractor shall involve and coordinate all Subcontractors and Suppliers in the development and updating of progress schedules. 6.4.2.3. The submittal of progress schedules shall be understood to be the Contractor's representation that the progress schedule meets the requirements of the Contract Documents and that the Work is expected to be executed in the sequence and duration indicated in the progress schedule. 6.4.3. Scheduling format. 6.4.3.1. The Project Schedule shall be computer produced using the Critical Path Method ("CPM") format. The schedule shall be computer generated utilizing an Owner approved project scheduling software, as indicated in the Contract Documents, such as Primavera, Microsoft Project, or SureTrak. The project scheduling software selected shall be used consistently from commencement to Final Acceptance of the Project. If the Contractor desires to use a project scheduling software other than the one specified in the Contract Documents, he shall request authorization from the Owner's Representative to do so, prior to the issuance of the Notice to Proceed. If the Contract Documents do not indicate a specific scheduling program, the Contractor may use any of the three mentioned herein, at his sole option. 6.4.3.2. The Project Schedule shall be updated monthly and submitted as indicated in Article 6.4.4. 6.4.3.3. The schedule shall show Contract tasks, percent complete, progress bars, baseline schedules, milestones, start and finish dates, and other breakdowns as required by the Owner's Representative. The schedules shall show clearly the sequence of activities and shall list specifically the following activities: 31 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.4.3.3.1. interim milestones completion dates. Phasing and staging of the Work as specified shall be prominently identified; 6.4.3.3.2. submittals and the Owner's Representative review of submittals; 6.4.3.3.3. acquisition of permits; 6.4.3.3.4. any long lead time (over 60 days) orders for material and equipment; 6.4.3.3.5. work to be performed by other contractors and agencies; 6.4.3.3.6. delivery of Owner's furnished equipment and materials indicated for incorporation in the Work. 6.4.3.4. Descriptions of scheduled activities shall include sufficient detail to identify the work that is to be accomplished. 6.4.3.4.1. The schedule shall contain sufficient activities to clearly show the sequence and interdependencies of the Work. The Owner's Representative may request that additional activities and information be added and from time to time may also require reasonable amendments to the schedule format that result in more clarity as to how the information is presented. 6.4.3.4.2. Activity durations shall be expressed in whole days. Work that is to be performed by Subcontractor shall be clearly defined. 6.4.3.4.3. Critical path activities are those activities with a total float equal to or less than zero. Schedules with negative total float may be found to be impractical by the Owner's Representative. 6.4.3.4.4. A schedule showing that Work that is completed in less than the completion time specified, shall be considered to have float. The float shall be the time between the scheduled completion of the Work and the Contract completion date. Float time shall not be for the exclusive benefit of either the Owner or the Contractor. Float shall be a resource available to both parties. 6.4.3.4.4.1. If according to the critical path of the originally approved Project Schedule any party that generates a float in said critical path, then said float shall belong exclusively to the party generating said float. 6.4.3.4.5. A schedule found to be impractical for the preceding reasons or any other reasons shall be revised by the Contractor and resubmitted. 6.4.4 Submittals. 6.4.4.1. Within thirty (30) days after the effective date of the Notice to Proceed (unless otherwise specified in the Contract Documents), Contractor shall submit to Owner's Representative for its timely review: 6.4.4.1.1. a preliminary progress schedule indicating the times (numbers and days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 6.4.4.1.2. a preliminary schedule of Shop Drawings and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and - 32 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 6.4.4.1.3. a preliminary schedule of values for all of the Work, as specified on Article 13, herein. 6.4.4.2. Submit one (1) electronic copy and the number of hard copies of the Submittals required in Article 6.4 which the Contractor requires to be returned, plus three (3) hard copies which will be retained by the Owner. 6.4.4.3. Schedule submittals will be reviewed by the Owner's Representative, and shall be updated and revised as indicated in section 6.4.6. Re-submittals shall conform to the same requirements as original submittals. 6.4.4.4. The Contractor shall prepare and submit all schedules and schedule analysis reports in electronic as well as hard copies. 6.4.4.5. All progress schedule submittals are subject to review and approval by the Owner's Representative. 6.4.4.5.1. Unless otherwise provided in the Contract Documents, at least ten (10) days before submission of the Application for Payment, a conference, to be attended by Contractor, Owner's Representative, Architect/Engineer, and others as appropriate, will be held to review for purposes of acceptability to Owner's Representative, as provided below, the progress schedules submitted in accordance to Article 6.4.4.1. If said meeting is not held, for reasons other than due to the fault of the Contractor, or if the Owner's Representative does not provide timely approval, or corrections, to the submitted submittals specified in Article 6.4.1., all the previously submitted submittals shall be considered approved, provided Contractor has given notice directly to Owner as required in