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the same person. At any time, the CM, in its sole and absolute discretion, may require the
<br />Contractor to replace the Project Manager or Resident Superintendent with an experienced
<br />and competent person or persons upon seven (7) days written notice from the CM to the
<br />Contractor. Such replacement shall be at the Contractor's expense and at no cost to the
<br />CM.
<br />Both the Project Manager and the Resident Superintendent shall have authority to act on
<br />behalf of the Contractor, and instructions, directions or notices given to either of them shall
<br />be as binding as if given to the Contractor.
<br />7.3 The Contractor shall provide sufficient competent and suitably qualified personnel,
<br />equipment, and supplies to lay out the Work and perform construction as required by the
<br />Contract Documents. The Contractor will at all times maintain good discipline and order at
<br />the site, and will comply with all applicable OSHA standards.
<br />Any person employed by the Contractor, by any Subcontractor, or by any sub-
<br />subcontractor who, in the opinion of the CM, the Designer or the Owner, does not perform
<br />its Work in a proper and skillful manner or is intemperate or disorderly shall, at the written
<br />request of the CM, be removed forthwith by the Contractor, Subcontractor, or sub-
<br />subcontractor employing such person without cost to the CM, and shall not be employed
<br />again in any portion of the Work without the prior written approval of the CM.
<br />Should the Contractor fail to remove such person or persons or fail to furnish suitable and
<br />sufficient personnel for the proper prosecution of the Work within three (3) days after
<br />written order, the CM may withhold further payment by written notice until compliance with
<br />such order.
<br />7.4 If, in the opinion of the CM, the Designer or the Owner, any Subcontractor on the Project is
<br />incompetent or otherwise unsatisfactory, such Subcontractor shall be replaced by the
<br />Contractor with no increase in the Contract Price if and when directed by the CM in writing.
<br />7.5 The Contractor shall furnish all materials, equipment, labor, transportation, construction
<br />equipment and machinery, tools appliances, fuel, light, heat, and all other facilities and
<br />incidentals necessary for the execution, maintenance, initial operation, and completion of
<br />the Work, other than those specifically excluded by the Contract Documents and to be
<br />furnished by the CM or others. When use or storage of hazardous materials or equipment
<br />or methods of more than ordinary risk are necessary in accomplishing the Work, the
<br />Contractor shall give the CM reasonable advance notice.
<br />If any materials are to be furnished or installed by the CM or others under the terms of the
<br />Contract Documents, said materials shall be made available to the Contractor at the
<br />location(s) specified in the Contract Documents. All costs of handling, transportation from
<br />the specified location to the Project, storage, and installing of materials furnished by others
<br />shall be included in the Contract Price. The Contractor shall be responsible for any
<br />demurrage, damage, loss, or other deficiencies which may occur during the Contractor's
<br />handling, storage, or use of material furnished by others. The CM shall deduct from any
<br />monies due or to become due the Contractor any cost incurred by the CM in making good
<br />any such damage, loss, or deficiency.
<br />All equipment which is proposed to be used in the Work shall be of sufficient size and in
<br />such mechanical condition as to meet the requirements of the Work and produce a
<br />satisfactory quality of work. Equipment used on any portion of the Work shall be such that
<br />no injury to previously completed Work, adjacent property, or existing facilities shall result
<br />from its use.
<br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 18 of 43 JUNE 2007 EDITION
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