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07-A Gateway Repair Project
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November 12, 2001
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07-A Gateway Repair Project
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Last modified
11/8/2005 11:20:39 AM
Creation date
11/7/2001 11:34:49 PM
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Template:
AGENDA
Item Number
7-A
AGENDA - Type
RESOLUTION
Description
Gateway Repair Project - Award Bid
AGENDA - Date
11/12/2001
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5.8. All the policies of insurane~ (or the certificates or <br />other evidence thereof) required Io be purchased and main- <br />rained by OWNER in accordance with paragraphs 5.6 and <br />5.'7 will contain a provision or endorsement that the coverage <br />afforded will not be cancelled or materially changed or renewal <br />refused until at least thirty days' prior written notice has been <br />given to CONTRACTOR by certified mail and will contain <br />waiver provisions in accordance with paragraph 5.11.2. <br /> <br /> 5.9. OWNER shall not be responsible for purchasing and <br />maintaining any property insurance to protect the interests <br />of CONTRACTOR, Subcontractors or others in the Work to <br />the extent of any deductible amounts that are provided in the <br />Supplementary Conditions. The risk of loss within the <br />deductible amount, will be borne by CONTRACTOR, Sub- <br />contractor or others suffering any such loss and if any of them <br />wishes property insurance coverage within the limits of such <br />amounts, each may purchase and maintain it at the purchas- <br /> <br /> 5.10. If CONTRACTOR requests in writing that other <br />special insurance be included in the property insurance pol* <br />icy, OWNER shall, if possible, include such insurance, and <br />thc cost thereof will be charged to CONTRACTOR by appro- <br />priate Change Order or Written Amendment. Prior to com- <br />mencement of the Work at the site, OWNER shall in writing <br />advise CONTRACTOR whether or not such other insurance <br />has been procured by OWNER. <br /> <br />Wtffver o fRights: <br /> 5.11.1. OWNER and CONTRACTOR wade all rights <br /> against each other for all losses and damages caused by <br /> any of the perils covered by the policies of insurance <br /> provided in response to paragraphs 5.6 and 5.7 and any <br /> other property insurance applicable to the Work, and also <br /> waive all such rights against the Subcontractors, ENGi- <br /> NEER, ENGINEER's consultants and all other parties <br /> named as insureds in such policies for losses and damages <br /> so caused. As required by paragraph 6.1 I, each subcon- <br /> tract between CONTRACTOR and a Subcontractor will <br /> contain similar waiver provisions by the Subcontractor in <br /> favorofOWNER, CONTRACTOR, ENGINEER, ENGI- <br /> NEER's consultants and all other parties named as insureds. <br /> None of the above waivers shall extend to the rights that <br /> any of the insured parties may have to the proceeds of <br /> insurance held by OWNER as trustee or otherwise p.ay- <br /> able under any policy so issued. <br /> <br /> 5.11.2. OWNER and CONTRACTOR intend that any <br />policies provided in response to paragraphs 5.6 and 5.? <br />shall protect all of the parties insured and provide primary <br />coverage for all losses and damages caused by the peris <br />covered thereby. Accordingly, all such policies shall con- <br />tain provisions to the effect that in the event of payment <br />of any loss or damage the insurer will have no rights of <br />recovery against any of the parties named as insurers or <br />additional insurers, and if the insurers require separate <br />waiver forms to be signed by ENGINEER or ENGI- <br />NEER's consultant OWNER will obtain the same, and if <br /> <br />such waiver £orms arc required of an:,' Subcontractor, <br />CONTRACTOR will obtain thc same. <br /> <br />Receipt attd Application of Proceeds: <br /> <br /> 5.12. Any insured loss under the policies of insurance <br />required by paragraphs 5.6 and 5.7 will be adjusted with <br />OWNER and made payable to OWNER as trustee for the <br />insurers, as their interests may appear, subject to the require- <br />ments of any applicable mortgage clause and of paragraph <br />5.13. OWN ER shall deposit in a separate account any money <br />so received, and shall distribute it in accordance with such <br />agreement as the parties in interest may reach. If no other <br />special agreement is reached the damaged Work shall be <br />repaired or replaced, the moneys so received applied on <br />account thereof and the Work and the cost thereof covered <br />by an appropriate Change Order or Written Amendment. <br /> <br /> 5.13. OWNER as trustee shall have power to adjust and <br />settle any loss with the insurers unless one of the parties in <br />interest shall object in writing within fifteen days after the <br />occurrence of loss to OWNER's exercise of this power. If <br />such objection be made, OWNER as trustee shall make set- <br />tlement with the insurers in accordance with such agreement <br />as the parties in interest may reach. If required in writing by <br />any party in interest, OWNER as trustee shall, upon the <br />occurrence of an insured loss, give bond for the proper per- <br />formance of such duties. <br /> <br />Acceptance of Insurance: <br /> <br /> 5.14. If OWNER has any objection to thc coverage afforded <br />by or other provisions of the insurance rcquircd to be pur- <br />chascd and maintained by CONTRACTOR in accordance <br />with paragraphs 5.3 and 5.4 on thc basis of its not complying <br />with thc Contract Documents, OWNER shall notify CON- <br />TRACTOR in writing thereof within ten days of the date of <br />delivery of such certificates to OWNER in accordance with <br />paragraph 2.7. If CONTRACTOR has any objection to the <br />coverage afforded by or other provisions of the policies of <br />insurance required to be purchased and maintained by OWNER <br />in accordance with paragraphs 5.6 and 5.7 on the basis of <br />their not complying with the Contract Documents. CON- <br />TRACTOR shall notify OWNER in writing thereof within ten <br />days of the date of delivery or such certificates to CQN- <br />TRACTOR in accordance with paragraph 2.7. O"~'NER and <br />CONTRACTOR shall each provide to the other such addi- <br />tional information in respect of insurance provided by each <br />as the other may reasonably request. Failure by OWNER or <br />CONTRACTOR to give any such notice of objection within <br />the time provided shall constitute acceptance of such insur- <br />ance purchased by the other as complying with the Contract <br />Documents. <br /> <br />Partial Utilizatlon--PropbrtY Insurance: <br /> 5.15. If OWNER finds it ncccssary to occupy or usc a <br />portion or portions of thc Work prior to Substantial Comple- <br />tion of all thc Work, such usc or occupancy may be accom- <br />plished in accordance with paragraph 14.10; provided that no <br /> <br /> <br />
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