5.06 Waiver of Rights
A. CONTRACTOR intends that all policies purchased in accordance with paragraph 5.06 will protect OWNER,
CONTRACTOR, Subcontractors, ENGINEER, ENGINEER’s Consultants, and all other individuals or entities
identified in the Supplementary Conditions to be listed as insured ( and the officers, directors, partners,
employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will
provide primary coverage for all losses and damages caused by the perils or causes of loss covered by the policy.
All CONTRACTOR policies must contain provisions to the effect that in the event of payment of any loss or
damage the insurers will have no rights of recovery against any of the insured or additional insured there under.
CONTRACTOR waive all rights against OWNER each other and their respective officers, directors, partners,
employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages
caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any
other property insurance applicable to the Work; and, in addition, waive all such nghts against Subcontractors,
ENGINEER, ENGINEER’s Consultants, and all other individuals or entities identified in the Supplementary
Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents,
and other consultants and subcontractors of each and any of them) under such policies for losses and damages so
caused.
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. CONTRACTOR shall be solely responsible for the means, methods, techniques,
sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of
OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or
procedure of construction which is shown or indicated in and expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract
Documents.
B. At all times during the progress of the Work, CONTRACTOR - shall assign a competent resident
superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except
under extraordinary circumstances. The superintendent will be CONTRACTOR’s representative at the Site and
shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the
superintendent shall be binding on CONTRACTOR.
6.02 Labor; Working Hours
A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the
Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or
adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be
performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance
of Work on Saturday, Sunday, or any legal holiday without OWNER’s written consent (which will not be
unreasonably withheld) given after prior written notice to ENGINEER.
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