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settlement with the insurers in accordance with such sequences, and procedures of construction . Contractor
<br /> agreement as the parties in interest may reach. If no such shall not be responsible for the negligence of Owner or
<br /> agreement among the parties in interest is reached, Owner Engineer in the design or specification of a specific
<br /> as fiduciary shall adjust and settle the loss with the means, method, technique, sequence, or procedure of
<br /> insurers and, if required in writing by any party in construction which is shown or indicated in and expressly
<br /> interest, Owner as fiduciary shall give bond for the proper required by the Contract Documents.
<br /> performance of such duties.
<br /> B. At all times during the progress of the Work,
<br /> 5 .09 Acceptance of Bonds and Insurance; Option to Contractor shall assign a competent resident superin-
<br /> Replace tendent who shall not be replaced without written notice
<br /> to Owner and Engineer except under extraordinary
<br /> A. If either Owner or Contractor has any objection to the circumstances. The superintendent will be Contractor's
<br /> coverage afforded by or other provisions of the bonds or representative at the Site and shall have authority to act on
<br /> insurance required to be purchased and maintained by the behalf of Contractor. All communications given to or
<br /> other party in accordance with Article 5 on the basis of received from the superintendent shall be binding on
<br /> non-conformance with the Contract Documents, the Contractor.
<br /> objecting party shall so notify the other party in writing
<br /> within 10 days after receipt of the certificates (or other 6 .02 Labor; Working Hours
<br /> evidence requested) required by Paragraph 2 .01 .6. Owner
<br /> and Contractor shall each provide to the other such A . Contractor shall provide competent, suitably qualified
<br /> additional information in respect of insurance provided as personnel to survey and lay out the Work and perform
<br /> the other may reasonably request. If either party does not construction as required by the Contract Documents.
<br /> purchase or maintain all of the bonds and insurance Contractor shall at all times maintain good discipline and
<br /> required of such party by the Contract Documents, such order at the Site.
<br /> party shall notify the other party in writing of such failure
<br /> to purchase prior to the start of the Work, or of such B . Except as otherwise required for the safety or
<br /> failure to maintain prior to any change in the required protection of persons or the Work or property at the Site
<br /> coverage. Without prejudice to any other right or remedy, or adjacent thereto, and except as otherwise stated in the
<br /> the other party may elect to obtain equivalent bonds or Contract Documents, all Work at the Site shall be
<br /> insurance to protect such other party's interests at the performed during regular working hours. Contractor will
<br /> expense of the party who was required to provide such not permit the performance of Work on a Saturday,
<br /> coverage, and a Change Order shall be issued to adjust the Sunday, or any legal holiday without Owner's written
<br /> Contract Price accordingly. consent (which will not be unreasonably withheld) given
<br /> after prior written notice to Engineer.
<br /> 5 . 10 Partial Utilization, Acknowledgment of Property
<br /> Insurer 6.03 Services, Materials, and Equipment
<br /> A. If Owner finds it necessary to occupy or use a portion A. Unless otherwise specified in the Contract Documents,
<br /> or portions of the Work prior to Substantial Completion Contractor shall provide and assume full responsibility for
<br /> of all the Work as provided in Paragraph 14.05 , no such all services, materials, equipment, labor, transportation,
<br /> use or occupancy shall commence before the insurers construction equipment and machinery, tools, appliances,
<br /> providing the property insurance pursuant to Paragraph fuel, power, light, heat, telephone, water, sanitary
<br /> 5 .06 have acknowledged notice thereof and in writing facilities, temporary facilities, and all other facilities and
<br /> effected any changes in coverage necessitated thereby. incidentals necessary for the performance, testing,
<br /> The insurers providing the property insurance shall start-up, and completion of the Work.
<br /> consent by endorsement on the policy or policies, but the
<br /> property insurance shall not be canceled or permitted to B. All materials and equipment incorporated into the
<br /> lapse on account of any such partial use or occupancy. Work shall be as specified or, if not specified, shall be of
<br /> good quality and new, except as otherwise provided in the
<br /> Contract Documents. All special warranties and guaran-
<br /> ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES tees required by the Specifications shall expressly run to
<br /> the benefit of Owner. If required by Engineer, Contractor
<br /> shall furnish satisfactory evidence (including reports of
<br /> 6.01 Supervision and Superintendence required tests) as to the source, kind, and quality of
<br /> materials and equipment.
<br /> A. Contractor shall supervise, inspect, and direct the
<br /> Work competently and efficiently, devoting such attention C. All materials and equipment shall be stored, applied,
<br /> thereto and applying such skills and expertise as may be installed, connected, erected, protected, used, cleaned, and
<br /> necessary to perforin the Work in accordance with the conditioned in accordance with instructions of the
<br /> Contract Documents. Contractor shall be solely applicable Supplier, except as otherwise may be provided
<br /> responsible for the means, methods, techniques, in the Contract Documents.
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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