|
or part thereof by OWNER during partial utilization
<br />pursuant to paragraph 14.05, after Substantial Com-
<br />pletion pursuant to paragraph 14.04, or after final
<br />payment pursuant to paragraph 14.07.
<br />C. Any insurance policy maintained by OWNER covering
<br />any loss, damage or consequential loss referred to in paragraph
<br />5.07.6 shall contain provisions to the effect that in the event of
<br />payment of any such loss, damage, or consequential loss, the
<br />insurers will have no rights of recovery against CONTRACTOR,
<br />Subcontractors, ENGINEER, or ENGINEER's Consultants and
<br />the officers, directors, partners, employees, agents, and other
<br />consultants and subcontractors of each and any of them.
<br />5.08 Receipt and Application of Insurance Proceeds
<br />A. Any insured loss under the policies of insurance
<br />required by paragraph 5.06 will be adjusted with OWNER and
<br />made payable to OWNER as fiduciary for the insureds, as their
<br />interests may appear, subject to the requirements of any
<br />applicable mortgage clause and of paragraph 5.08.6. OWNER
<br />shall deposit in a separate account any money so received and
<br />shall distribute it in accordance with such agreement as the
<br />parties in interest may reach. If no other special agreement is
<br />reached, the damaged Work shall be repaired or replaced, the
<br />moneys so received applied on account thereof, and the Work
<br />and the cost thereof covered by an appropriate Change Order
<br />or Written Amendment.
<br />B. OWNER as fiduciary shall have power to adjust and
<br />settle any loss with the insurers unless one of the parties in
<br />interest shall object in writing within 15 days after the
<br />occurrence of loss to OWNER's exercise of this power. If such
<br />objection be made, OWNER as fiduciary shall make settlement
<br />with the insurers in accordance with such agreement as the
<br />parties in interest may reach. If no such agreement among the
<br />parties in interest is reached, OWNER as fiduciary shall adjust
<br />and settle the loss with the insurers and, if required in writing by
<br />any party in interest, OWNER as fiduciary shall give bond for
<br />the proper 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
<br />objection to the coverage afforded by or other provisions of the
<br />Bonds or insurance required to be purchased and maintained
<br />by the other party in accordance with Article 5 on the basis of
<br />non-conformance with the Contract Documents, the objecting
<br />party shall so notify the other party in writing within 10 days after
<br />receipt of the certificates (or other evidence requested) required
<br />by paragraph 2.05.C. OWNER and CONTRACTOR shall each
<br />provide to the other such additional information in respect of
<br />insurance provided as the other may reasonably request. If
<br />either party does not purchase or maintain all of the Bonds and
<br />insurance required of such party by the Contract Documents,
<br />such party shall notify the other party in writing of such failure to
<br />purchase prior to the start of the Work, or of such failure to
<br />maintain prior to any change in the required coverage. Without
<br />prejudice to any other right or remedy, the other party may elect
<br />to obtain equivalent Bonds or insurance to protect such other
<br />party's interests at the expense of the party who was required to
<br />provide such coverage, and a Change Order shall be issued to
<br />adjust the 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
<br />portion or portions of the Work prior to Substantial Completion
<br />of all the Work as provided in paragraph 14.05, no such use or
<br />occupancy shall commence before the insurers providing the
<br />property insurance pursuant to paragraph 5.06 have
<br />acknowledged notice thereof and in writing effected any
<br />changes in coverage necessitated thereby. The insurers
<br />providing the property insurance shall consent by endorsement
<br />on the policy or policies, but the property insurance shall not be
<br />canceled or permitted to lapse on account of any such partial
<br />use or occupancy.
<br />ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
<br />6.01 Supervision and Superintendence
<br />A. CONTRACTOR shall supervise, inspect, and direct
<br />the Work competently and efficiently, devoting such attention
<br />thereto and applying such skills and expertise as may be
<br />necessary to perform the Work in accordance with the Contract
<br />Documents. CONTRACTOR shall be solely responsible for the
<br />means, methods, techniques, sequences, and procedures of
<br />construction, but CONTRACTOR shall not be responsible for
<br />the negligence of OWNER or ENGINEER in the design or
<br />specification of a specific means, method, technique, sequence,
<br />or procedure of construction which is shown or indicated in and
<br />expressly required by the Contract Documents. CON-
<br />TRACTOR shall be responsible to see that the completed Work
<br />complies accurately with the Contract Documents.
<br />B. At all times during the progress of the Work,
<br />CONTRACTOR shall assign a competent resident superin-
<br />tendent thereto 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
<br />qualified personnel to survey, lay out, and construct the Work as
<br />required by the Contract Documents. CONTRACTOR shall at
<br />all times maintain good discipline and 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 or
<br />adjacent thereto, and except as otherwise stated in the Contract
<br />Documents, all Work at the Site shall be performed during
<br />regular working hours, and CONTRACTOR will not permit
<br />overtime work or the performance of Work on Saturday,
<br />Sunday, or any legal holiday without OWNER's written consent
<br />(which will not be unreasonably withheld) given after prior
<br />written notice to ENGINEER.
<br />00700 General Conditions (EJCDC).doc
<br />00700- 15
<br />I vt7-02912 Inch WM - Vero Lake Esutes ocummtsteNnstidding Con0act Specifications\00700 General Conditions(EICDCIdcc
<br />
|