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5.08 Receipt and Application of Insurance Proceeds A. 1lmTinsured less ;der the pelisies 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 each. If no other special agreement is reach , the damaged Work shall be repaired or replac d, the moneys so received applied on account reof, and the Work and the cost thereof cover d by an appropriate Change Order or Written ndment. B. OWNER as fiodciary 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 urrence of loss to OWNER's exercise of this ower. If such objection be made, OWNER as fi uciary shall make settlement with the insurers in ordance with such agreement as the parties in ' terest may reach. If no such agreement among a 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 r sions of the Bonds or insurance required r be purchased and maintained by the other party i accor- dance with Article 5 on the basis of non -co ormance Witt so rec req and su pro eith Bo Co pa start any ma the Contract Documents, the objecti party shall notify the other party in writing with' 10 days after eipt of the certificates (or other evidence uested) required by paragra 2.05.C. OWNER CONTRACTOR shall ea provide to the other ch additional information n respect of insurance pro, as the other y reasonably request. If er party does not rchase or maintain all of the Bon and insuran required of such party by the Con Docume s, such party shall notify the other rty in writing such failure to purchase prior to the of the rk, or of such failure to maintain prior to chan in the required coverage. Without udic to any other right or remedy, the other party y ect to obtain equivalent Bonds or insurance to ct such other party's interests at the expense of party who was required to provide such coverage, 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.doc 00700-18 F:\Public WorksIENGINEERING DNISION PROJECTS\0455-8th Street Sidewalk Improvements 78th Ct to Old Dixie\Admim\bid documents\00700 - General Conditions REV 04-07.doc