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2. lose or damage to the completed Pro <br />cause of lose covered by any property <br />or part thereof by OWNER during partial <br />utilization pursuant to paragraph 11.05, after <br />11.04, or after final payment pursuant to <br />C. Any insurance policy maintained by OWNER <br />referred to in paragraph 5.07.B shall contain <br />CONTRACTOR, Subcontractors, ENGINEER, or <br />partners, employees, agents, and othcr consultants <br />5 08 Receipt and Application of Insurance <br />Proceeds <br />A. Any insured loss under the policies of <br />insurance required by paragraph 5.06 will be adjusted <br />with OWNER and made payable to OWNER as <br />app ar, subject to thc requirements of any applicable <br />received and shall distribute it in accordance with such <br />other special agreement is r ached, the damaged <br />Work shall be repaired or replaced, the moneys GO <br />and thc cost thereof covered by an appropriate <br />Change Order or Written Amendment. <br />B. OWNER as fiduciary shall have power to <br />adjust and settle any loss with the insurers unless one <br />of the parties in interest shall object in writing within 15 <br />days after the occurrence of loss to OWNER's <br />among thc parties in interest is r ached, OWNER as <br />insurers and, if required in writing by any party in <br />proper performance of such duties. <br />5.09 Acceptance of Bonds and Insurance; Option <br />to Replace <br />A. If either OWNER or CONTRACTOR has any <br />objection to the coverage afforded by or othcr provi <br />with the Contract Documents, the objecting party shall <br />receipt of the certificates (or othcr evidence <br />requested) required by paragraph 2.05.C. OWNER <br />provided as the other may rea onably request. If <br />either party does not purchas <br />party in writing of such failure to purchase prior to the <br />prejudice to any other right or remedy, the other party <br />and a Change Order shall bo is.,ued to adjust the <br />Contract Pricc accordingly. <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 />accordancewith 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 />00700 - General Conditions REV 5-10-13 <br />00700 - 18 <br />F.1Public Works 1ENGINEERING DIVISION PROJECTS11304-CR 512 Resurf (SCOP)_125th St to I-951Admim1bid documents\Master Contract Documents100700 - General Conditions REV <br />5-10-13.doc <br />