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5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of e - - e- -- -e .'= e -e - -e with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to thc requirements of any applicable mortgage clause and of paragraph 5.08.B. OWNER agreement as the parties in interest may reach. If no other special agreement is reached, the damaged - Change Order or Written Amendment. B. OWNER as fiduciary shall have power to adjust and cattle any loss with thc insurers unlcc., one days after the occurrence of loss to OWNER'S exercise of this power. If such objection be made, insurers in accordance with such agreement as the fiduciary shall adjust and settle thc loss with thc insurers and, if required in writing by any party in interest, 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 othcr provi purchased and maintained by the other party in accor dance with Article 5 on the basis of non conformance receipt of the certificates (or othcr evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance cithcr party docs not purchasc or maintain all of the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to thc ctart of the Work, or of such failure to maintain prior to 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 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 00700 - 18 F:\Public Works\ENGINEERING DIVISION PROJECTS11413-Martin Luther King Walking Trail \Admin\bid documents\Master Contract Documents\00700 - General Conditions REV 5-10- 13.doc