2014-378 Planning - J. F. Wilkerson Contracting for Morinaga America Infrastructure Improvements $747,840

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adjust and settle the loss with the insurers and, if required in writing by any party in interest, ' Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace ' A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in ' accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor ' shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party fails to purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the ' other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other , party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization,Acknowledgment of Property Insurer , A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to , Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in ' coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ' ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence ' A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the ' Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention ' thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. ' Contractor shall provide competent, qualified, on-site, supervision at all times during construction activities including supervision of the activities of the sub-contractor(s), vendors and suppliers through a Resident Superintendent. The Resident Superintendent shall be on-site , at any time that work is ongoing at the project. Sub-contractors shall not work independently on the project without on-site supervision provided Resident Superintendent. A resume for the Resident Superintendent shall be submitted to the Engineer for approval prior to commencing work. Such resumes shall include projects that they were in responsible charge of, that are of similar work in scope and value with owner's references. Contractor shall not change the EJCDC C-700 Modified Standard General Conditions of the Construction Contract ' Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 81