2008-431 - Laserfiche WebLink

Home Browse Search

5.08 Receipt and Application of Insurance Proceeds A. Any insured lo -s under the policies of insurance required by paragraph 5.06 will be adjust with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any ap • icable mortgage clause and of paragraph 5.08.6. •WNER shall deposit in a separate account any money so received and shall distribute it in accorda • ce with such agreement as the parties in interest =y reach. If no other special agreement is reach-., the damaged Work shall be repaired or replac-d, the moneys so received applied on account t reof, and the Work and the cost thereof cover -d by an appropriate Change Order or Written A -ndment. B. OWNER as fi• ciary shall have power to adjust and settle any I. s with the insurers unless one of the parties in inter st shall object in writing within 15 days after the • -currence of loss to OWNER's exercise of this •ower. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in cordance with such agreement as the parties in terest may reach. If no such agreement among e parties in interest is reached, OWNER as fiduci_ shall adjust and settle the loss with the insu -rs and, if required in writing by any party in in rest, OWNER as fiduciary shall give bond for the 5.09 Acceptance of Bonds and Insurance; Option to Replace objection to the coverage afforded by or other pr sions of the Bonds or insurance required t purchased and maintained by the other party i dance with Article 5 on the basis of non -co with the Contract Documents, the objectin so notify the other party in writing withi receipt of the certificates (or requested) required by paragraph and CONTRACTOR shall each such additional information provided as the other ma either party does not pur Bonds and insurance Contract Documents party in writing of start of the Wor any change prejudice to may elec protect the be accor- rmance party shall 0 days after her evidence .05.C. OWNER rovide to the other i respect of insurance reasonably request. If ase or maintain all of the quired of such party by the such party shall notify the other ch failure to purchase prior to the or of such failure to maintain prior to the required coverage. Without ny other right or remedy, the other party 0 obtain equivalent Bonds or insurance to uch other party's interests at the expense of rty 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 04-07 00700 - 18 F:\Engineering\Capital Projects \0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications \00700 - General Conditions REV 04-07.doc