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5.08 Receipt and Application of Insurance
<br />Proceeds
<br />A'. Any iRswFed loss wndeF the PQIiGie& .4
<br />insurance required by paragraph 5.06 will beadjust
<br />with OWNER and made payable to OWNER as
<br />fiduciary for the insured/h8
<br />their interests may
<br />appear, subject to the reqnts of any ap icable
<br />mortgage clause and of paph 5.08.B. WNER
<br />shall deposit in a separaount any oney so
<br />received and shall distributaccorda ce with such
<br />agreement as the parties iest y reach. If no
<br />other special agreement ch the damaged
<br />Work shall be repaired orc d, the moneys so
<br />received applied on accoreof, and the Work
<br />and the cost thereof coby an appropriate
<br />Change Order or Written Ament.
<br />B. OWNER as fi ciary shall have power to
<br />adjust and settle any I s with the insurers unless one
<br />of/OWNER
<br />rties in inter_ st shall object in writing within 15
<br />der the currence of loss to OWNER 's
<br />eof this ower. If such objection be made,
<br />Oas fi uciary shall make settlement with the
<br />inin cordance with such agreement as the
<br />p ' terest may reach. If no such agreement
<br />aa parties in interest is reached, OWNER as
<br />fishall adjust and settle the loss with the
<br />inand, if required in writing by any party in
<br />inOWNER as fiduciary shall give bond for the
<br />5.09 Acceptance of Bonds and Insurance; Option
<br />to Replace
<br />objection to the coverage afforded by or other pr k
<br />sions of the Bonds or insurance required t be
<br />purchased and maintained by the other party i ccor-
<br />dance with Article 5 on the basis of non -co rmance
<br />with the Contract Documents, the objectin party shall
<br />so notify the other party in writing withi 0 days after
<br />receipt of the certificates (or her evidence
<br />requested) required by paragraph .05.C. OWNER
<br />and CONTRACTOR shall each rovide to the other
<br />such additional information i respect of insurance
<br />provided as the other ma reasonably request. If
<br />either party does not pur ase or maintain all of the
<br />Bonds and insurance quired of suchparty by the
<br />Contract Documents uch party shall notify the other
<br />party in writing of ch failure to purchase prior to the
<br />start of the Wor or of such failure to maintain prior to
<br />any change i the required coverage. Without
<br />prejudice to ny other right or remedy, the other party
<br />may elec o obtain equivalent Bonds or insurance to
<br />protect uch other party's interests at the expense of
<br />the rty who was required to provide such coverage,
<br />5.10 Partial Utilization, Acknowledgment of
<br />Property Insurer
<br />A. If OWNER finds it necessary to occupy or use
<br />a portion or portions of the Work prior to Substantial
<br />Completion of all the Work as provided in paragraph
<br />14.05, no such use or occupancy shall commence
<br />before the insurers providing the property insurance
<br />pursuant to paragraph 5.06 have acknowledged notice
<br />thereof and in writing effected any changes in cover-
<br />age necessitated thereby. The insurers providing the
<br />property insurance shall consent by endorsement on
<br />the policy or policies, but the property insurance shall
<br />not be canceled or permitted to lapse on account of
<br />any such partial use or occupancy.
<br />ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
<br />6.01 Supervision and Superintendence
<br />A. CONTRACTOR shall supervise, inspect, and
<br />direct the Work competently and efficiently, devoting
<br />such attention thereto and applying such skills and
<br />expertise as may be necessary to perform the Work in
<br />accordance with the Contract Documents. CON-
<br />TRACTOR shall be solely responsible for the means,
<br />methods, techniques, sequences, and procedures of
<br />construction, but CONTRACTOR shall not be
<br />responsible for. the negligence of OWNER or
<br />ENGINEER in the design or specification of a specific
<br />means, method, technique, sequence, or procedure of
<br />construction which is shown or indicated in and
<br />expressly required by the Contract Documents. CON-
<br />TRACTOR shall be responsible to see that the
<br />completed Work complies accurately with the Contract
<br />Documents.
<br />B. At all times during the progress of the Work,
<br />CONTRACTOR shall assign a competent resident
<br />superintendent thereto who shall not be replaced
<br />without written notice to OWNER and ENGINEER
<br />except under extraordinary circumstances. The
<br />superintendent will. be CONTRACTOR's
<br />representative at the Site and shall have authority to
<br />act on behalf of CONTRACTOR. All communications
<br />given to or received from the superintendent shall be
<br />binding on CONTRACTOR.
<br />6.02 Labor, Working Hours
<br />A. CONTRACTOR shall provide competent,
<br />suitably qualified personnel to survey, lay out, and
<br />construct the Work as required by the Contract Docu-
<br />00700 - General Conditions REV 04-07
<br />00700-18
<br />FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00700 . General Conditions REV 04-07.doc
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<br />5.10 Partial Utilization, Acknowledgment of
<br />Property Insurer
<br />A. If OWNER finds it necessary to occupy or use
<br />a portion or portions of the Work prior to Substantial
<br />Completion of all the Work as provided in paragraph
<br />14.05, no such use or occupancy shall commence
<br />before the insurers providing the property insurance
<br />pursuant to paragraph 5.06 have acknowledged notice
<br />thereof and in writing effected any changes in cover-
<br />age necessitated thereby. The insurers providing the
<br />property insurance shall consent by endorsement on
<br />the policy or policies, but the property insurance shall
<br />not be canceled or permitted to lapse on account of
<br />any such partial use or occupancy.
<br />ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
<br />6.01 Supervision and Superintendence
<br />A. CONTRACTOR shall supervise, inspect, and
<br />direct the Work competently and efficiently, devoting
<br />such attention thereto and applying such skills and
<br />expertise as may be necessary to perform the Work in
<br />accordance with the Contract Documents. CON-
<br />TRACTOR shall be solely responsible for the means,
<br />methods, techniques, sequences, and procedures of
<br />construction, but CONTRACTOR shall not be
<br />responsible for. the negligence of OWNER or
<br />ENGINEER in the design or specification of a specific
<br />means, method, technique, sequence, or procedure of
<br />construction which is shown or indicated in and
<br />expressly required by the Contract Documents. CON-
<br />TRACTOR shall be responsible to see that the
<br />completed Work complies accurately with the Contract
<br />Documents.
<br />B. At all times during the progress of the Work,
<br />CONTRACTOR shall assign a competent resident
<br />superintendent thereto who shall not be replaced
<br />without written notice to OWNER and ENGINEER
<br />except under extraordinary circumstances. The
<br />superintendent will. be CONTRACTOR's
<br />representative at the Site and shall have authority to
<br />act on behalf of CONTRACTOR. All communications
<br />given to or received from the superintendent shall be
<br />binding on CONTRACTOR.
<br />6.02 Labor, Working Hours
<br />A. CONTRACTOR shall provide competent,
<br />suitably qualified personnel to survey, lay out, and
<br />construct the Work as required by the Contract Docu-
<br />00700 - General Conditions REV 04-07
<br />00700-18
<br />FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00700 . General Conditions REV 04-07.doc
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