Reso 2008-1221 - Laserfiche WebLink

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B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within IS days after the occurrence of loss to OWNER's exercise of this power. If A. CONTRACTOR shall supervise, inspect, and direct such objection be made, OWNER as fiduciary shall make the Work competently and efficiently, devoting such attention settlement with the insurers in accordance with such thereto and applying such skills and expertise as may be agreement as the parties in interest may reach. If no such necessary to perform the Work in accordance with the agrec:mc:ot among the parties in interest is reached. OWNER Contract Documents. CONTRAcroR sbal.l be solely as fiduciary shall adjust and settle the loss with the insurers respoosible for the means,. methods. techniques. sequences, and, if required in writing by any party in interest, OWNER." 'and procedures ofconstructi~ 'but CONTRACTOR sbal.l as fiduciary shall give bond for the proper performance of not be responsible:for:the negligence of OWNER or such duties. 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. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. pursuant to paragraph 14,04, or after final payment pursuant [0 paragraph 14.07. C. Any insurance policy maintained by OWNER cover- ing any loss, damage or consequential loss referred to i.n paragraph 5.07.B shall contain provisions to the effect tilat in the event of payment of any such loss. damage, or consequential loss, the insurers will have no rights of recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Applicmion of InsuraJlce Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.DS.B. OWNER sball deposit in a separate account any money so received and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof. and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.09 Acceptance of Boruls and Insurance; Option 10 Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify ~e other pany in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not . purchase or JT1:lint:lin all of the Bonds and insw"ance required l_ of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to 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 tile expense of the party who was rcquired 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 ponion 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 coverage necessitated thereby. The insurers providing the property insurance shall consent by endorse- ment on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on accouot of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CO!)ITRACTOR'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. 00700 - 18