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settlement with the insurers in accordance with such
<br />agreement as the parties in interest may reach. If no such
<br />agreement among the parties in interest is reached, Owner
<br />as fiduciary shall adjust and settle the loss with the
<br />insurers and, if required in writing by any party in
<br />interest, Owner as fiduciary shall give bond for the proper
<br />performance of such duties.
<br />5.09 Acceptance of Bonds and Insurance; Option to
<br />Replace
<br />A. If either Owner or Contractor has any objection to the
<br />coverage afforded by or other provisions of the bonds or
<br />insurance required to be purchased and maintained by the
<br />other party in accordance with Article 5 on the basis of
<br />non-conformance with the Contract Documents, the
<br />objecting party shall so notify the other party in writing
<br />within 10 days after receipt of the certificates (or other
<br />evidence requested) required by Paragraph 2.01.13. Owner
<br />and Contractor shall each provide to the other such
<br />additional information in respect of insurance provided as
<br />the other may reasonably request. If either party does not
<br />purchase or maintain all of the bonds and insurance
<br />required of such party by the Contract Documents, such
<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
<br />failure to maintain prior to any change in the required
<br />coverage. Without prejudice to any other right or remedy,
<br />the other party may elect to obtain equivalent bonds or
<br />insurance to protect such other party's interests at the
<br />expense of the party who was required to provide such
<br />coverage, and a Change Order shall be issued to adjust the
<br />Contract Price accordingly.
<br />5.10 Partial Utilization, Acknowledgment of Property
<br />Insurer
<br />A. If Owner finds it necessary to occupy or use a portion
<br />or portions of the Work prior to Substantial Completion
<br />of all the Work as provided in Paragraph 14.05, no such
<br />use or occupancy shall commence before the insurers
<br />providing the property insurance pursuant to Paragraph
<br />5.06 have acknowledged notice thereof and in writing
<br />effected any changes in coverage necessitated thereby.
<br />The insurers providing the property insurance shall
<br />consent by endorsement on the policy or policies, but the
<br />property insurance shall not be canceled or permitted to
<br />lapse on account of any such partial use or occupancy.
<br />ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
<br />6.01 Supervision and Superintendence
<br />sequences, and procedures of construction. Contractor
<br />shall not be responsible for the negligence of Owner or
<br />Engineer in the design or specification of a specific
<br />means, method, technique, sequence, or procedure of
<br />construction which is shown or indicated in and expressly
<br />required by the Contract Documents.
<br />B. At all times during the progress of the Work,
<br />Contractor shall assign a competent resident superin-
<br />tendent who shall not be replaced without written notice
<br />to Owner and Engineer except under extraordinary
<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 />6.02 Labor; Working Hours
<br />A. Contractor shall provide competent, suitably qualified
<br />personnel to survey and lay out the Work and perform
<br />construction as required by the Contract Documents.
<br />Contractor shall at all times maintain good discipline and
<br />order at the Site.
<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 />6.03 Services, Materials, and Equipment
<br />A. Unless otherwise specified in the Contract Documents,
<br />Contractor shall provide and assume full responsibility for
<br />all services, materials, equipment, labor, transportation,
<br />construction equipment and machinery, tools, appliances,
<br />fuel, power, light, heat, telephone, water, sanitary
<br />facilities, temporary facilities, and all other facilities and
<br />incidentals necessary for the performance, testing,
<br />start-up, and completion of the Work.
<br />B. All materials and equipment incorporated into the
<br />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 />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 />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 perform 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.
<br />00700-18
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