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4.6 SR 03-20-2023
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4.6 SR 03-20-2023
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Project Manual <br />Houlton Conservation Area Bank Stabilization — Dam Site <br />that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, <br />or death, or to injury to or destruction of tangible property (other than the Work itself), <br />including the loss of use resulting therefrom but only to the extent caused by any negligent <br />act or omission of Contractor, any subcontractor, any supplier, or any individual or entity <br />directly or indirectly employed by any of them to perform any of the Work or anyone for <br />whose acts they may be liable. <br />ARTICLE 8 — OWNER'S RESPONSIBILITIES <br />8.01 Owner's Responsibilities <br />A. Except as otherwise provided in the Contract Documents, Owner shall issue all <br />communications to Contractor through Engineer or SWCD Representative. <br />B. Owner shall make payments to Contractor as provided in this Contract. <br />C. Owner shall provide Site and easements required to construct the Project. <br />D. If Owner intends to contract with others for the performance of other work at or adjacent to <br />the Site, unless stated elsewhere in the Contract Documents, Owner shall have sole authority <br />and responsibility for such coordination. <br />E. Except as otherwise provided in the Contract Documents, the Owner shall be responsible for <br />performing inspections and tests required by applicable codes. <br />F. The Owner shall not supervise, direct, or have control or authority over, nor be responsible <br />for, Contractor's means, methods, techniques, sequences, or procedures of construction, or <br />the safety precautions and programs, or for any failure of Contractor to comply with Laws <br />and Regulations applicable to the performance of the Work. Owner will not be responsible <br />for Contractor's failure to perform the Work in accordance with the Contract Documents. <br />G. While at the Site, Owner's employees and representatives shall comply with the specific <br />applicable requirements of Contractor's safety programs of which Owner has been informed. <br />H. Owner shall furnish copies of any applicable Owner safety programs to Contractor. <br />ARTICLE 9— ENGINEER'S STATUS DURING CONSTRUCTION <br />9.01 Engineer's Status <br />A. Engineer will be Owner's representative during construction. The duties and responsibilities <br />and the limitations of authority of Engineer as Owner's representative during construction <br />are set forth in this Contract. <br />B. Neither Engineer's authority or responsibility under this Article 9 or under any other <br />provision of the Contract, nor any decision made by Engineer in good faith either to exercise <br />or not exercise such authority or responsibility or the undertaking, exercise, or performance <br />of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in <br />contract, tort, or otherwise owed by Engineer to Contractor, any subcontractor, any supplier, <br />any other individual or entity, or to any surety for or employee or agent of any of them. <br />Division 00 <br />Section 00 52 00-9 <br />Contracting Requirements Contract for Constructior <br />EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society <br />of Civil Engineers. All rights reserved. <br />
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