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2 Im or damage to the completed Project or part Lhercofcaused
<br />by, arising out of or resulung1minfire or other insured pent nr cause of loss
<br />covered by any Property insurance maintained on the completed Project or
<br />put thereof by OWNER doringportial utilization pursuant to Paragraph
<br />14 05, alter Substantial Completion pursuant toparagraph 14.04, or after
<br />final payment pursuant to paragraph 14,07
<br />C Any insurance policy maintained by OWNER covering any loss,
<br />damge jw eoTLqcquontid) loss referred to in paragraph 5 07.13 shall contain
<br />proviewris to the effect that in the evert isl7payment ofiny such loss, damage. or
<br />consequential loss, the insurers will have no llghtc2 of recovery against
<br />CONTRACTOR, Subcontractors, FNGINIEM or LNGINUR's Consultants
<br />and the officers, deredorsi partners, employees, agents, and other consultants and
<br />subcontractors of each and any of them -
<br />5 0K
<br />hem
<br />508 Receipt and Application cifInsurance Proceeds
<br />?%- Atiy trisurod Ion underthe policies ofuzurance required by paragraph
<br />5,06 `wt be adjusted with O and made payable to OWNF R as fiduciary
<br />for the torureds, as their interests may appear, subject to the requirements of any
<br />applicable mortgage clause and of paragraph 5 08 8 OWN�,R shall deposit in
<br />a separate account any money so received and shall distribute it in accordance
<br />with such aermmentas the parties in interest may reach If nn other special
<br />agreement is reavbrA the damaged Work shall T repaired or replaced, the
<br />moneys so received applied on account thereof. and the Work and the cosi
<br />thefoof covered by in appropriate Change Order or Written Amendment.
<br />B OWNER as fiduciary shall have power to adjust and settle any loss
<br />with the trairein; unless one ofthe parties in interest shall object in writing within
<br />15 days after the occutrience ofloss to OWNER's exercise ofthis power 11'such
<br />objection be ma&% OWNER as fiduciary shall inske settlement with the insurers
<br />in accordance with such agreement as the parties in interest may reach Ifno
<br />such agreement among the parties in interest is reached, OWNER as fiduciary
<br />shall adjust and seals to loss with the insurers and, if required in writing by any
<br />party in interest, OWNER as fiduciary shall give bond for the proper
<br />performance Dfsuch duties,
<br />A If either OWNER or CONTRACTOR W any objection to the
<br />coverage aft by or other provisions ofthe Bonds or insurance required to
<br />be purc6s*d and maintained by Uig other party an accordance with Article 5 on
<br />the basis cifnon -conformance with the Contract Documents. the objecting party
<br />shall so notify the other party in writing wiflust 10 days after receipt of the
<br />certificates (or other evidence requested) required by paragraph 2.05,C
<br />OWNER and CONTRACTOR shall each provide to the other such additional
<br />infra on in nwpoa ofinsuraricc provided as The other may reasonably request.
<br />If either party does not purchase or maintain all of the Bonds and insurance
<br />required of such party by the Conti ad Documents, such party Shall notify the
<br />other party- in writing of such failure top prior to the start ofthe Work,
<br />or of such failure tomaintano prior to any change, in the required coverage
<br />Without prejudice to any Either right or remedy, the other Party may tica 10
<br />obuin equivalent Bonds or insurance to protect such other party's interests at the
<br />eiqim�nsc
<br />ofthe patty who was required to provide such coverage, and a Change
<br />Order shall be issued to adjust the Contract Nice accordingly,
<br />5.10 Partial U&Izzation, AcAmowledgaient ofProrierty Inturer
<br />A. IfOWNEKfinds it necessary to occupy of use a portion or portions of
<br />the Work prior to Substantiall Completion of all the Work as provided in para.
<br />graph 14,05, no such use or occupancy shall commenee before the insurers
<br />providing the property trisurance pursuant to paragralib 506 have acknowledged
<br />notice thereof and in writing cWected any changes an coverage necessitated
<br />tinertby, The insurers providaig the property insurance shall consent by endorse-
<br />ment on the policy or policies, but the property insurance shall rint be canceled
<br />or perritittud to lapse on account of any such partial me or oectu pancy.
<br />ARTICLE 6 - CONTRACTOR*S RESPONSrBlUTIES
<br />------- — -- -----------
<br />6.01 Supervision and Superintendence
<br />A. CONTRACTOR shall supervise, inspect, and divest the Work
<br />competetoty and efficiently, devoting such attention thereto and applying such
<br />skills and ciTcrtissa as may be necessary to perform the Wort in accordance with
<br />the Con tractDocumencs. CONTRAc TOR shall be solely resWasible for Ute
<br />means, meth o&% teduniques, sequences, and procedures of mnstruction, but
<br />CONTRACTOR shall not be responsible for the negligence of OWNER or
<br />ENGINEER in the design or specification of specific means, method, tech-
<br />nique, sequenct. or procedureofconstrulion which is shown or indicated in and
<br />expressly required by The Contract Documents CONTRACTOR shall be
<br />ruTonsible. to see That the completed Work complies accurately with the Contract
<br />Documents
<br />B At at Limes during the progress offfie Work, CONTRACTOR shall
<br />assign a competent resident ,uperintendent thereto who shall not be replaced
<br />viftut wnUm notice to OWNER and ENGINEER excepl under extraordinary
<br />Qnsumislancm
<br />The superintendent will be CONTRAC7011's representative at
<br />the Site atut shall have authority to act on behalf of CONTRACTOR All
<br />ocoomaiinicationes given to or received from the superintendent shall be binding on
<br />CONTRACTOR
<br />6.02 Labor, Working Hours
<br />A. CONTRACTOR shall providtoompetent., suitably qualified personnel
<br />to SuTvcv, ,1,,v out, and construct the Work as required by tht Contract Docu.
<br />..its CONTRACTORshall at all times maintain good discipline and erder at
<br />the Site
<br />B. Ex as otherwise required for the: safety or protection of'Persons or
<br />the Work or property at the Site or adjacent thereto, and except as otherwise
<br />stated in the Contract Domments, all Work at the Site shall be performed during
<br />regular working hours, and CONTRACTOR will not perrytt overtime work or
<br />the p".ormanx of Work an Saturday, Sunday, or any legal hohdav without
<br />*kVNER's wrillim concent (which will not be unreasonably ,.N ithlield) given after
<br />prior written notice to LN GINEER
<br />6.03 Services, Marenals, and –Equipment
<br />A. Unless otherwise specified in the General Requirements,.
<br />CONTRACTOR shall provide and assume full responsibility for a61 services,
<br />materiaK equipment, tabor, transportation, cong1ruction equipment and maclun-
<br />ary� tools, appliances, 11A povim, hgbL beat, Telephone. water. sanitary facilities,
<br />t,mporary facilities, and all other Acilaics and uiclderrtal�: necessary for the
<br />performance, testing. start-up, and completion ofthe Work
<br />B. All materials and rquipmeiit incorporated into the Work shall be as
<br />specified or, if not specified, shall be of good quality and new, except as
<br />otherwise provided in the Cm*=t Documents. 411 warranties and guarantees
<br />specifically called por by art Specilicatiomshall expressly run to the benefit of
<br />OWNER. Ifroquired by ENGINEER, CONTRACTOR shall furnish
<br />satisfactory evidence (including reports of required teas) as to the source, kind,
<br />and quality ofouitenzIs and equipment. M materials and equipment shall be
<br />stored, applied, installed, connected, erected, protected, used, cleaned, and
<br />conditioned in awarthrice with ins1ructions, ofthe applicable. Supplier, except as
<br />otherwise may be provided in the Contract Documents,
<br />6.04 Progress Schedule
<br />A- CONTRACTOR shot adhere to the progress schedule eslablished in
<br />IMM-1,11iffi—M- Taf ti -mc to fi-rye as
<br />1. CONTRACTOR shall submit to ENGINEER for acceptance (to
<br />edewlirabcalailtri paraBrapli 2,07) proposed adjustments in the progress
<br />schedule thalwill no result in changing the CunfiractTiortas (or Milestones).
<br />Such adjustrucirts will conform generally to the progress schedule then in
<br />effect and additionally will comply with any provisions ofthe General Re-
<br />quirements applicable thereto,
<br />2. Proposed adjustments in the progress schedule that will change
<br />the Contract Times (or Milestones) shall be subraided in accordance with
<br />the requirements of Article 12. Such adjustments may only be madi: by a
<br />Change Order or Written Amendment in accordance with Article 12
<br />A. Whenever an it of material or equipment is specified or desciribed
<br />in the Contract Documents by using the name of proprietary item or the name
<br />of a particular Supplier, the specificalion or description is intended to establish
<br />the Lype, function, appearance, and quality required- UnIM the specification or
<br />description contains ar is followed by wards reading that Uo like, equivalent, or
<br />"or -equal" it or no substitution is permitted, other item of material or
<br />equipment or material or equipment of other Suppliers may be submitted to
<br />ENGINEER for review under the curtivistarim described below,
<br />
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