Common use of Supervision and Superintendence Clause in Contracts

Supervision and Superintendence. The Contractor shall supervise and direct the work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, sequences and procedure of construction, unless otherwise specified. The Contractor shall ensure that the finished Work complies accurately and completely with the Contract Documents. Labor, Materials and Equipment - The Contractor shall provide competent, suitable, qualified personnel to lay out the Work and perform construction as required by the Contract Documents. He shall at all times maintain good discipline and order at the site. Emergencies - In emergencies affecting the safety of persons, the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Project Manager, shall act at his discretion to prevent threatened damage, injury or loss. He shall give the Project Manager prompt written notice of any significant changes in the Work covered by a Delivery Order, or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If the Contractor believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract price or an extension of the Contract Time, he may make a claim therefore as provided herein these contract terms and conditions. Shop Drawing And Samples - After checking and verifying all field measurements, the Contractor shall submit to the Project Manager for acceptance in accordance with the accepted schedule of Shop Drawing submission five copies (or at the Project Manager's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the Contractor and identified as the Project Manager may require. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the Project Manager to review the information as required. Substitute Materials or Equipment - If it is indicated in the Specifications that the Contractor may furnish or use a substitute that is equal to any material or equipment specified, and if the Contractor wishes to furnish or use a proposed substitute, he will within fifteen (15) days after the award of the Contract make written application to the Project Manager for acceptance of such a substitute, certifying in writing that the proposed substitute will perform adequately the duties imposed by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as the specified. The application shall include sufficient information to allow the Project Manager to evaluate the substitutions. The application will state the extent, if any, to which the review, acceptance, furnishing and installation of the proposed substitute will prejudice Contractor's completion of the Work within the Contract Time(s). If the cost of the review of the substitution is greater than that of the originally specified item, the Contractor shall reimburse the County for all costs. County may require Contractor to furnish at Contractor's expense a special performance guarantee or other Surety with respect to any substitute. The benefit of lower cost items shall be shared between the County and Contractor as specified in the Instructions to Bidders. No substitute shall be ordered or installed without the written acceptance of the Project Manager who shall be the sole judge of acceptability. Concerning Subcontractors- The Contractor shall not employ any Subcontractor, other person or organization against whom the County or the Project Manager may have reasonable objections, nor shall the Contractor be required to employ any Subcontractor against whom he has reasonable objection. The Contractor shall not make any substitution for any Subcontractor who has been accepted by the Project Manager, unless the County and the Project Manager determine that there is good caused for doing so. Patent Fees And Royalties - The Contractor shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. Utilities - The Contractor shall pay all public utility charges except as provided for in the Contract documents. Laws And Regulations- The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the Specifications or Drawings are at variance therewith, he shall give the Project Manager prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations and without such notice to the Project Manager, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Drawing and Specifications are in accordance with such laws, ordinances, rules and regulations. Use Of Premises - The Contractor shall confine his equipment, the storage of materials and equipment, and the operations of his workmen to the areas permitted by law, ordinances, permits or the requirements of the Contract Documents and shall not unreasonably encumber the premises with materials or equipment. Safety And Protection - The Contractor shall initiate, maintain and supervise all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to:

Supervision and Superintendence. The Contractor shall supervise and direct the work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, sequences and procedure of construction, unless otherwise specified. The Contractor shall ensure that the finished Work complies accurately and completely with the Contract Documents. The Contractor shall keep on the site at all times during its work a competent superintendent who shall not be replaced without written notice to the Project Manager. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Labor, Materials and Equipment - The Contractor shall provide competent, suitable, qualified personnel to lay out the Work and perform construction as required by the Contract Documents. He shall at all times maintain good discipline and order at the site. Emergencies - In emergencies affecting the safety of persons, the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Project Manager, shall act at his discretion to prevent threatened damage, injury or loss. He shall give the Project Manager prompt written notice of any significant changes in the Work covered by a Delivery Order, or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If the Contractor believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract price or an extension of the Contract Time, he may make a claim therefore as provided herein these contract terms and conditionstherefore. Shop Drawing And Samples - After checking and verifying all field measurements, the Contractor shall submit to the Project Manager for acceptance in accordance with the accepted schedule of Shop Drawing submission - five copies (or at the Project Manager's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the Contractor and identified as the Project Manager may require. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the Project Manager to review the information as required. Substitute Materials or Equipment Concerning Subcontractors - If it is indicated in the Specifications that the Contractor may furnish or use a substitute that is equal to any material or equipment specified, and if the Contractor wishes to furnish or use a proposed substitute, he will within fifteen (15) days after the award of the Contract make written application to the Project Manager for acceptance of such a substitute, certifying in writing that the proposed substitute will perform adequately the duties imposed by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as the specified. The application shall include sufficient information to allow the Project Manager to evaluate the substitutions. The application will state the extent, if any, to which the review, acceptance, furnishing and installation of the proposed substitute will prejudice Contractor's completion of the Work within the Contract Time(s). If the cost of the review of the substitution is greater than that of the originally specified item, the Contractor shall reimburse the County for all costs. County may require Contractor to furnish at Contractor's expense a special performance guarantee or other Surety with respect to any substitute. The benefit of lower cost items shall be shared between the County and Contractor as specified in the Instructions to Bidders. No substitute shall be ordered or installed without the written acceptance of the Project Manager who shall be the sole judge of acceptability. Concerning Subcontractors- The Contractor shall not employ any Subcontractor, other person or organization against whom the County or the Project Manager may have reasonable objections, nor shall the Contractor be required to employ any Subcontractor against whom he has reasonable objection. The Contractor shall not make any substitution for any Subcontractor who has been accepted by the Project Manager, unless the County and the Project Manager determine that there is good caused for doing so. The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract documents for the benefit of the County. Patent Fees And Royalties - The Contractor shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. Utilities - The Contractor shall pay all public utility charges except as provided for in the Contract documents. Laws And Regulations- Regulations - The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the Specifications or Drawings are at variance therewith, he shall give the Project Manager prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations and without such notice to the Project Manager, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Drawing and Specifications are in accordance with such laws, ordinances, rules and regulations. Use Of Premises - The Contractor shall confine his equipment, the storage of materials and equipment, and the operations of his workmen to the areas permitted by law, ordinances, permits or the requirements of the Contract Documents and shall not unreasonably encumber the premises with materials or equipment. Safety And Protection - The Contractor shall initiate, maintain and supervise all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to:

Supervision and Superintendence. The Contractor shall supervise and direct the work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, sequences and procedure of construction, unless otherwise specified. The Contractor shall ensure that the finished Work complies accurately and completely with the Contract Documents. Labor, Materials and Equipment - The Contractor shall provide competent, suitable, qualified personnel to lay out the Work and perform construction as required by the Contract Documents. He shall at all times maintain good discipline and order at the site. Emergencies - In emergencies affecting the safety of persons, the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Project Manager, shall act at his discretion to prevent threatened damage, injury or loss. He shall give the Project Manager prompt written notice of any significant changes in the Work covered by a Delivery Order, or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If the Contractor believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract price or an extension of the Contract Time, he may make a claim therefore as provided herein these contract terms and conditions. Shop Drawing And Samples - After checking and verifying all field measurements, the Contractor shall submit to the Project Manager for acceptance in accordance with the accepted schedule of Shop Drawing submission five copies (or at the Project Manager's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the Contractor and identified as the Project Manager may require. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the Project Manager to review the information as required. Substitute Materials or Equipment - If it is indicated in the Specifications that the Contractor may furnish or use a substitute that is equal to any material or equipment specified, and if the Contractor wishes to furnish or use a proposed substitute, he will within fifteen (15) days after the award of the Contract make written application to the Project Manager for acceptance of such a substitute, certifying in writing that the proposed substitute will perform adequately the duties imposed by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as the specified. The application shall include sufficient information to allow the Project Manager to evaluate the substitutions. The application will state the extent, if any, to which the review, acceptance, furnishing and installation of the proposed substitute will prejudice Contractor's completion of the Work within the Contract Time(s). If the cost of the review of the substitution is greater than that of the originally specified item, the Contractor shall reimburse the County for all costs. County may require Contractor to furnish at Contractor's expense a special performance guarantee or other Surety with respect to any substitute. The benefit of lower cost items shall be shared between the County and Contractor as specified in the Instructions to Bidders. No substitute shall be ordered or installed without the written acceptance of the Project Manager who shall be the sole judge of acceptability. Concerning Subcontractors- The Contractor shall not employ any Subcontractor, other person or organization against whom the County or the Project Manager may have reasonable objections, nor shall the Contractor be required to employ any Subcontractor against whom he has reasonable objection. The Contractor shall not make any substitution for any Subcontractor who has been accepted by the Project Manager, unless the County and the Project Manager determine that there is good caused for doing so. Patent Fees And Royalties - The Contractor shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. Utilities - The Contractor shall pay all public utility charges except as provided for in the Contract documents. Laws And Regulations- The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the Specifications or Drawings are at variance therewith, he shall give the Project Manager prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations and without such notice to the Project Manager, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Drawing and Specifications are in accordance with such laws, ordinances, rules and regulations. Use Of Premises - The Contractor shall confine his equipment, the storage of materials and equipment, and the operations of his workmen to the areas permitted by law, ordinances, permits or the requirements of the Contract Documents and shall not unreasonably encumber the premises with materials or equipment. Safety And Protection - The Contractor shall initiate, maintain and supervise all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to:

Supervision and Superintendence. The A. Contractor shall supervise supervise, provide quality control, inspect, and direct the work efficiently 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 his best skill and attentionthe Contract Documents. He will Contractor shall be solely responsible for the means, methods, techniques, sequences sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Design Professional in the design or specification of a specific means, method, technique, sequence, or procedure of construction, unless otherwise specified. The Contractor shall ensure that the finished Work complies accurately construction which is shown or indicated in and completely with the Contract Documents. Labor, Materials and Equipment - The Contractor shall provide competent, suitable, qualified personnel to lay out the Work and perform construction as expressly required by the Contract Documents. He shall at . B. At all times maintain good discipline and order at during the site. Emergencies - In emergencies affecting progress of the safety of personsWork, the Work or property at the site or adjacent theretoContractor shall assign a competent Superintendent thereto who shall not be replaced, the Contractorexcept under extraordinary circumstances, without special instruction or authorization from the written notice to Owner and Project Administrator. Contractor shall also designate, in writing, a representative, hereinafter referred to as Project Manager, assigned to the Project on a full-time basis during execution of the Work who shall have authority to act at his discretion on behalf of Contractor, including executing the orders or directions of the Project Administrator and/or Design Professional without delay. This Superintendent and/or Project Manager shall have full authority to prevent threatened damagepromptly supply products, injury tools, plant equipment, and labor as may be required to diligently prosecute the Work. All communications given to or loss. He shall give received from the Superintendent and/or the Project Manager prompt written notice shall be binding on Contractor. C. If at any time during the Project the Superintendent or Project Manager leaves the Project site while Work is in progress; Project Administrator shall be notified and provided with the name of Contractor’s representative having responsible charge. D. Contractor shall also designate the person responsible for Contractor’s quality control while Work is in progress. Project Administrator shall be notified in writing prior to any significant changes change in quality control representative assignment. E. Prior to the Work covered by a Delivery Order, or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If the Contractor believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract price or an extension execution of the Contract TimeAgreement, he may make a claim therefore as provided herein these contract terms and conditions. Shop Drawing And Samples - After checking and verifying all field measurements, the Contractor shall submit furnish to the Project Manager for acceptance in accordance Administrator the names, resumes, 24 hour contact information and other relevant information associated with the accepted schedule of Shop Drawing submission five copies (or at the Project Manager's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the Contractor and identified as the Project Manager may requireand the Superintendent that are to be assigned to this project. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the Project Manager to review the information as required. Substitute Materials or Equipment - If it is indicated in the Specifications that the Contractor may furnish or use a substitute that is equal to any material or equipment specified, and if the Contractor wishes to furnish or use a proposed substitute, he will within fifteen (15) days after the award of the Contract make written application Superintendent must be acceptable to the Owner and Project Manager for acceptance of such a substitute, certifying in writing that the proposed substitute will perform adequately the duties imposed by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as the specified. The application shall include sufficient information to allow the Project Manager to evaluate the substitutions. The application will state the extent, if any, to which the review, acceptance, furnishing and installation of the proposed substitute will prejudice Contractor's completion of the Work within the Contract Time(s). If the cost of the review of the substitution is greater than that of the originally specified item, the Contractor shall reimburse the County for all costs. County may require Contractor to furnish at Contractor's expense a special performance guarantee or other Surety with respect to any substitute. The benefit of lower cost items shall be shared between the County and Contractor as specified in the Instructions to Bidders. No substitute shall be ordered or installed without the written acceptance of the Project Manager who shall be the sole judge of acceptability. Concerning Subcontractors- The Contractor shall not employ any Subcontractor, other person or organization against whom the County or the Project Manager may have reasonable objections, nor shall the Contractor be required to employ any Subcontractor against whom he has reasonable objection. The Contractor shall not make any substitution for any Subcontractor who has been accepted by the Project Manager, unless the County and the Project Manager determine that there is good caused for doing so. Patent Fees And Royalties - The Contractor shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. Utilities - The Contractor shall pay all public utility charges except as provided for in the Contract documents. Laws And Regulations- The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the Specifications or Drawings are at variance therewith, he shall give the Project Manager prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations and without such notice to the Project Manager, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Drawing and Specifications are in accordance with such laws, ordinances, rules and regulations. Use Of Premises - The Contractor shall confine his equipment, the storage of materials and equipment, and the operations of his workmen to the areas permitted by law, ordinances, permits or the requirements of the Contract Documents and shall not unreasonably encumber the premises with materials or equipment. Safety And Protection - The Contractor shall initiate, maintain and supervise all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to:Administrator.

Supervision and Superintendence. The Contractor shall 6.3.1 CONTRACTOR will supervise the Work competently and direct efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, sequences and procedure of construction, unless otherwise specified. The Contractor shall ensure that the finished Work complies accurately and completely in accordance with the Contract Documents. 6.3.2 CONTRACTOR will have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Labor, Materials and Equipment - The Contractor shall provide competent, suitable, qualified personnel to lay out Superintendent will be CONTRACTOR’s representative on the Work and perform construction will have the authority to act on the behalf of CONTRACTOR. All communications given to the Superintendent will be as required binding as if given to CONTRACTOR, even where written notice is otherwise required. Either CONTRACTOR or the Superintendent will provide a cellular telephone number and an emergency and home telephone number at which one or the other may be reached if necessary when Work is not in progress. The Superintendent will be an employee of CONTRACTOR, unless waived in writing by the Contract DocumentsOWNER. He shall at all times maintain good discipline If CONTRACTOR proposes a management structure with a Project Manager supervising, directing, and order at managing construction of the site. Emergencies - In emergencies affecting the safety work in addition to or in substitution of personsa Superintendent, the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Project Manager, shall act at his discretion to prevent threatened damage, injury or loss. He shall give the Project Manager prompt written notice requirements of any significant changes in the Work covered by a Delivery Order, or deviations from the Contract these Construction Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If the Contractor believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract price or an extension of the Contract Time, he may make a claim therefore as provided herein these contract terms and conditions. Shop Drawing And Samples - After checking and verifying all field measurements, the Contractor shall submit to the Project Manager for acceptance in accordance with the accepted schedule of Shop Drawing submission five copies (or at the Project Manager's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the Contractor and identified as the Project Manager may require. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the Project Manager to review the information as required. Substitute Materials or Equipment - If it is indicated in the Specifications that the Contractor may furnish or use a substitute that is equal Superintendent will likewise apply to any material or equipment specified, such Project Manager. .1 CONTRACTOR will present the resume of the proposed Superintendent to the OWNER showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. The OWNER may reject the proposed Superintendent if the Contractor wishes to furnish or use a proposed substitute, he will within fifteen (15) days after the award of the Contract make written application to the Project Manager for acceptance of such a substitute, certifying in writing OWNER determines that the proposed substitute will perform adequately the duties imposed by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as the specified. The application shall include Superintendent does not have sufficient information to allow the Project Manager to evaluate the substitutions. The application will state the extent, if any, to which the review, acceptance, furnishing and installation of the proposed substitute will prejudice Contractor's completion of the Work within the Contract Time(s). If the cost of the review of the substitution is greater than that of the originally specified item, the Contractor shall reimburse the County for all costs. County may require Contractor to furnish at Contractor's expense a special performance guarantee or other Surety experience in line with respect to any substitute. The benefit of lower cost items shall be shared between the County and Contractor as specified in the Instructions to Bidders. No substitute shall be ordered or installed without the written acceptance of the Project Manager who shall be the sole judge of acceptability. Concerning Subcontractors- The Contractor shall not employ any Subcontractor, other person or organization against whom the County or the Project Manager may have reasonable objections, nor shall the Contractor be required to employ any Subcontractor against whom he has reasonable objection. The Contractor shall not make any substitution for any Subcontractor who has been accepted by the Project Manager, unless the County and the Project Manager determine that there is good caused for doing so. Patent Fees And Royalties - The Contractor shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. Utilities - The Contractor shall pay all public utility charges except as provided for in the Contract documents. Laws And Regulations- The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If , in which instance CONTRACTOR will propose a different Superintendent for OWNER approval. .2 CONTRACTOR will not replace the Contractor observes that the Specifications or Drawings are at variance therewith, he shall give the Project Manager prompt Superintendent without written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations and without such notice to the Project ManagerOWNER. If CONTRACTOR deems it necessary to replace the Superintendent, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Drawing and Specifications are in accordance with such laws, ordinances, rules and regulations. Use Of Premises - The Contractor shall confine his equipment, the storage of materials and equipment, and the operations of his workmen to the areas permitted by law, ordinances, permits or the requirements of the Contract Documents and shall not unreasonably encumber the premises with materials or equipment. Safety And Protection - The Contractor shall initiate, maintain and supervise all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of and CONTRACTOR will provide the necessary protection information for approval, as stated above, on the proposed new Superintendent. .3 CONTRACTOR may designate a qualified substitute Superintendent if the designated Superintendent is temporarily away from the Work, subject to prevent damageOWNER approval. .4 CONTRACTOR will replace the Superintendent upon the OWNER’s request, injury or loss to:if the Superintendent is unable to perform to the OWNER’s satisfaction.

Supervision and Superintendence. The Contractor shall will supervise and direct the work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, sequences and procedure of construction, unless otherwise specified. The Contractor shall ensure will be responsible to see that the finished Work complies accurately and completely with the Contract Documents. The Contractor will keep on the site at all times during its work a competent superintendent who shall not be replaced without written notice to the Project Manager. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Labor, Materials and Equipment - The Contractor shall will provide competent, suitable, qualified personnel to lay out the Work and perform construction as required by the Contract Documents. He shall will at all times maintain good discipline and order at the site. Emergencies - In emergencies affecting the safety of persons, the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Project Manager, shall is obligated to act at his discretion to prevent threatened damage, injury or loss. He shall will give the Project Manager prompt written notice of any significant changes in the Work covered by a Delivery Order, or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If the Contractor believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract price or an extension of the Contract Time, he may make a claim therefore as provided herein these contract terms and conditionstherefore. Shop Drawing And Samples - After checking and verifying all field measurements, the Contractor shall will submit to the Project Manager for acceptance in accordance with the accepted schedule of Shop Drawing submission - five copies (or at the Project Manager's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the Contractor and identified as the Project Manager may require. The data shown on the Shop Drawings shall will be complete with respect to dimensions, design criteria, materials of construction and the like to enable the Project Manager to review the information as required. Substitute Materials or Equipment Concerning Subcontractors - If it is indicated in the Specifications that the Contractor may furnish or use a substitute that is equal to any material or equipment specified, and if the Contractor wishes to furnish or use a proposed substitute, he will within fifteen (15) days after the award of the Contract make written application to the Project Manager for acceptance of such a substitute, certifying in writing that the proposed substitute will perform adequately the duties imposed by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as the specified. The application shall include sufficient information to allow the Project Manager to evaluate the substitutions. The application will state the extent, if any, to which the review, acceptance, furnishing and installation of the proposed substitute will prejudice Contractor's completion of the Work within the Contract Time(s). If the cost of the review of the substitution is greater than that of the originally specified item, the Contractor shall reimburse the County for all costs. County may require Contractor to furnish at Contractor's expense a special performance guarantee or other Surety with respect to any substitute. The benefit of lower cost items shall be shared between the County and Contractor as specified in the Instructions to Bidders. No substitute shall be ordered or installed without the written acceptance of the Project Manager who shall be the sole judge of acceptability. Concerning Subcontractors- The Contractor shall will not employ any Subcontractor, other person or organization against whom the County or the Project Manager may have reasonable objections, nor shall will the Contractor be required to employ any Subcontractor against whom he has reasonable objection. The Contractor shall will not make any substitution for any Subcontractor who has been accepted by the Project Manager, unless the County and the Project Manager determine that there is good caused for doing so. The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract documents for the benefit of the County. Patent Fees And Royalties - The Contractor shall will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. Utilities - The Contractor shall will pay all public utility charges except as provided for in the Contract documents. Laws And Regulations- Regulations - The Contractor shall will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the Specifications or Drawings are at variance therewith, he shall will give the Project Manager prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations and without such notice to the Project Manager, he shall will bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Drawing and Specifications are in accordance with such laws, ordinances, rules and regulations. Use Of Premises - The Contractor shall will confine his equipment, the storage of materials and equipment, and the operations of his workmen to the areas permitted by law, ordinances, permits or the requirements of the Contract Documents and shall not unreasonably encumber the premises with materials or equipment. Safety And Protection - The Contractor shall initiatewill be responsible for initiating, maintain maintaining and supervise supervising all safety precautions and programs in connection with the Work. He shall will take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to: