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2012-055
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2012-055
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Last modified
12/17/2015 1:47:57 PM
Creation date
10/1/2015 4:14:52 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/20/2012
Control Number
2012-055
Agenda Item Number
15.A.2
Entity Name
Barth Construction
Subject
Fire Rescue Station 13 Phase II Agreement
Construction Services Agreement
Area
4th Street and 43rd Ave.
Archived Roll/Disk#
112-R-0001
Supplemental fields
SmeadsoftID
11032
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agreements , written where legally required for validity , similar waivers each in favor of <br /> other parties enumerated in this Section 7 . 3 . The policies shall provide such waivers of <br /> subrogation by endorsement or otherwise . A waiver of subrogation shall be effective as <br /> to a person or entity even though that person or entity would otherwise have a duty of <br /> indemnification , contractual or otherwise , did not pay the insurance premium directly or <br /> indirectly , and whether or not the person or entity had an insurable interest in the <br /> property damaged . <br /> § 7 . 3 . 9 if required in writing by a party in inteFest , the QwneF as trustee shall , upo44 <br /> GGGLIrrenGe of an insured less , g .ve bond fGF PFOper peFfeFmanGe of the QwneF' 6 duties . <br /> , <br /> janGe with an arbitration award in whiGh Gase the PFOGedure shall be as <br /> Ode <br /> ide <br /> N ' e" ` " ' 'Y`YaftSUGh made ,no other Vo% ~eement is <br /> FeplaGerneRt-Gf damaged Work shall be Govered by appropriate Ghang,, e QFdeF . <br /> § 7 . 3 . 10 The Owner as trustee shall have power to adjust and settle a loss with insurers <br /> unless one of the parties in interest shall object in writing , within five ( 5) days after <br /> occurrence of loss to the Owner's exercise of this power ; if such objection be made , the <br /> parties shall enter into dispute resolution under procedures provided in Article 10 . If <br /> distribution of insurance proceeds by arbitration is required , the arbitrators will direct <br /> such distribution . <br /> § 7 . 3 . 11 Partial occupancy or use prior to Substantial Completion shall not commence <br /> until the insurance company or companies providing property insurance have consented <br /> to such partial occupancy or use by endorsement or otherwise . The Owner and the <br /> Design/ Builder shall take reasonable steps to obtain consent of the insurance company <br /> or companies and shall not , without mutual written consent , take any action with respect <br /> to partial occupancy or use that would cause cancellation , lapse or reduction of <br /> coverage . <br /> LOSS-{ F USE OF INS RANG <br /> . . <br /> Owner' s1 The OWRer , at the <br /> as * nsure-the Owner against less of use of the QwneF'6 pFopeFty d-we to fire or other <br /> hazaFds , h wever-Gaused . The Owner waives 11 rights of aGtien against the <br /> Design /Buil <br /> due to fire er other hazards , haweveF Gau6ec . <br /> ARTICLE 8 CHANGES IN THE WORK <br /> § 8 . 1 CHANGES <br /> § 8 . 1 . 1 Changes in the Work may be accomplished after execution of this Part 2 <br /> Agreement , without invalidating this Part 2 Agreement , by Change Order , Construction <br /> Change Directive , or order for a minor change in the Work , subject to the limitations <br /> stated in the Contract Documents . <br /> § 8 . 1 . 2 A Cl; ange Order shall be based upon agreement between the Owner and the <br /> Design/ Builder ; a Construction Change Directive may be issued by the Owner without <br /> the agreement of the Design/Builder ; an order for a minor change in the Work may be <br /> issued by the Design/Builder alone . <br />
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