2004-11-08 Regular Meeting, Public Hearing and Workshop Meeting

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3.2.6 If, in the opinion of the Architect, the Contractor does not make a reasonable effort to comply with the above requirements of the Contract Documents and this causes the Architect or his consultants to expend an unreasonable amount of time in the discharge of the duties imposed on him by the Contract Documents, then the Contractor shall bear the cost of compensation for the Architect's Additional services made necessary by such failure. The Architect will give the Contractor prior notice of intent to bill for Additional services related to Articles 3.2.5, 3.2.6 and 3.12 before Additional services are performed. 3.2.7 If the Contractor has knowledge that any of the products or systems specified will perform in a manner that will limit the Contractor's ability to satisfactorily perform the work or to honor a Warranty, the Contractor shall promptly notify the Architect in writing, providing substantiation for his or her position. Any necessary changes, including substitutions of materials, shall be accomplished by appropriate modification. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES Delete Subparagraph 3.3.2 in its entirety and replace it with the following: 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors, and their agents and employees, and any other persons or entities performing portions of the Work for or on behalf of the Contractor, or with any of its subcontractors, or sub-subcontractor, supplier or similar party in privity with the Contractor, and for any damages, losses, costs and expenses, including but not limited to attorneys fees, resulting from such acts and omissions. Add Subparagraphs 3.3.4 and 3.3.5 3.3.4 The Contractor shall inspect all materials delivered to the premises and shall reject any materials that will not conform with the Contract Documents when properly installed. 3.3.5 The Contractor shall be responsible for and coordinate any and all inspections required by any governmental body that has jurisdiction over the Project. Failure to obtain any permits, licenses, or other approvals because ofthe failure of the Contractor to conform to this requirement shall not extend the Contract Time, and the Contractor shall not be entitled to an increase in the Contract Sum therefor. 3.4 LABOR AND MATERIALS Delete Subparagraph 3.4.2 and substitute the following: 3.4.2 After the Contract has been executed, the Owner and Architect will consider a fornlal request for the substitution of products in place of the specified only under the conditions set forth in Section 01600 Materials and Equipment. By making requests for substitutions, the Contractor: 5