6.02 Labor; Working Hours
<br /> A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work
<br /> and perform construction as required by the Contract Documents. Contractor shall at all times
<br /> maintain good discipline and order at the Site.
<br /> B. Except as otherwise required for the safety or protection of persons or the Work or property at
<br /> the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
<br /> at the Site shall be performed during regular working hours. Contractor will not permit the
<br /> performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written
<br /> consent(which will not be unreasonably withheld) given after prior written notice to Engineer.
<br /> C. No Work shall be done between 6 p.m. and 7 a.m. without permission of Owner. However,
<br /> emergency work may be accomplished without prior permission. No Night Work may be
<br /> undertaken without permission of Owner.
<br /> D. Each occasion Contractor works in excess of 45 hours per week, or outside of the hours of 7:00
<br /> am and 6:00 pm, or on weekends or holidays, the Contractor shall reimburse Owner for any and
<br /> all costs and expenses (including, but not limited to, Engineer's fees and expenses associated
<br /> with additional Observation and Contract Administration) incurred by Owner as a result of such
<br /> schedule. Contractor covenants and agrees that Owner may retain, deduct, and/or offset monies
<br /> due to Owner pursuant to this Paragraph from monies due to Contractor under the Agreement.
<br /> Contractor further covenants and agrees that Owner retains the right to make such deduction or
<br /> offset at any time prior to and including final payment and that the imposition and the deduction
<br /> and/or offset of such monies shall not be subject to any notice or claim provisions of the Contract
<br /> Documents.
<br /> 6.03 Services,Materials, and Equipment
<br /> A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
<br /> responsibility for all services,materials, equipment,labor,transportation, construction equipment
<br /> and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
<br /> temporary facilities, and all other facilities and incidentals necessary for the performance,testing,
<br /> start-up,and completion of the Work.
<br /> B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
<br /> shall be of good quality and new, except as otherwise provided in the Contract Documents. All
<br /> special warranties and guarantees required by the Specifications shall expressly run to the benefit
<br /> of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including
<br /> reports of required tests) as to the source,kind, and quality of materials and equipment.
<br /> 1. To the extent possible, all warranties shall run to and be enforceable by Owner. Contractor
<br /> agrees to assign to Owner at the time of final completion of the Work, or as otherwise
<br /> required by the Contract Documents, any and all Subcontractor and Supplier warranties
<br /> relating to materials and labor used in the Work and Contractor further agrees to perform the
<br /> Work in such a manner to preserve any and all Subcontractors' and Suppliers' warranties.
<br /> Contractor shall provide Owner assistance, throughout the duration of such warranties, in
<br /> enforcing the obligations of Subcontractors and Suppliers. If necessary as a matter of law,
<br /> Contractor may retain the fight to enforce directly any such Subcontractors' and Suppliers'
<br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract
<br /> Copyright 0 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved.
<br /> Page 28 of 81
<br />
|