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5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may • • other special agreement is reached, the damaged received applied on account thereof, and the Work and thc cost thereof covered by an appropriate Change Order or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any loss with thc insurers unless one of the parties in interest shall object in writing within 15 WI' IMF ., - • parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle thc Toss with the insurers and, if required in writing by any party in proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provi sions of the Bonds or insurance required to be dance with Article 5 on the basis of non conformance with the Contract Documents, the objecting party shall receipt of the certificates (or other evidence requested). required by paragraph 2.05.C. OWNER provided as the other may reasonably request. If quired of such party by the party in writing of such failure to purchase prior to the any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14 05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in cover- age necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. 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. CON- TRACTOR 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. CON- TRACTOR 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 Docu- 00700 - General Conditions REV 5-10-13.doc 00700 - 18 F:1Public Works \ENGINEERING DIVISION PROJECTS \1302 -IR Blvd Resurfacing (SCOP) US1 to 17th StWdmim\bid documents\00700 - General Conditions REV 5-10-13.doc