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2012-230
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Last modified
1/7/2016 2:13:41 PM
Creation date
10/1/2015 4:51:54 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/18/2012
Control Number
2012-230
Agenda Item Number
15.A.2
Entity Name
Barth Construction
Subject
Storage building at Emergency Operations Center
Area
4225 43rd Ave.
Supplemental fields
SmeadsoftID
11643
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temporary buildings and debris removal including demolition occasioned by <br /> enforcement of any applicable legal requirements , and shall cover reasonable <br /> compensation for the services and expenses of the Design/Builder's Architect and other <br /> professionals required as a result of such insured loss . Coverage for other perils shall <br /> not be required unless otherwise provided in the Contract Documents . <br /> § 7 .3 . 3 If the Owner does not intend to purchase such property insurance required by <br /> this PaFt 2 Agreement and with all of the coverages in the amount described above , the <br /> Owner shall so inform the Design/Builder prior to commencement of the construction . <br /> The Design/Builder may then effect insurance which will protect the interests of the <br /> Design/Builder and the Design/Builder's contractors in the construction , and by <br /> appropriate Change Order the cost thereof shall be charged to the Owner. If the <br /> Design/Builder is damaged by the failure or neglect of the Owner to purchase or <br /> maintain insurance as de-scribed above , then the Owner shall bear all reasonable costs <br /> properly attributable thereto . <br /> § !7 . 3 .4 Unless etheFwise pFevided , <br /> , <br /> whiGh <br /> § 7 .3 . 5 A loss insured under the Owner's property insurance shall be adjusted by the <br /> Owner as fiduciary and made payable to the Owner as fiduciary for the insureds , as <br /> their interests may appear, subject to requirements of any applicable mortgagee clause <br /> and of Section 7 . 3 . 10 . The Design/Builder shall pay contractors their shares of <br /> insurance proceeds received by the Design/Builder, and by appropriate agreement , <br /> written where legally required for validity , shall require contractors to make payments to <br /> their subcontractors in similar manner. <br /> § 7 .3 . 6 Before an exposure to loss may occur, the Owner shall file with the <br /> Design/Builder a copy of each policy that includes insurance coverages required by this <br /> Section 7 . 3 . Each policy shall contain all generally applicable conditions , definitions , <br /> exclusions and endorsements related to this Project. Each policy shall contain a <br /> provision that the policy will not be canceled or allowed to expire until at least 30 days' <br /> prior written notice has been given to the Design/Builder. <br /> § 744 if the Designil3i i Wei: Fequests an Witing that AGUFanGe fGF Fiskr% nthpr than these <br /> peliGy, the GWR8F shall , Of possible , ebtaiR surh insuFaRGe , and the GGst thereof shall be <br /> § 7 .3 . 8 The Owner and the Design/Builder waive all rights against each other and the <br /> Architect and other design professionals, contractors , subcontractors , agents and <br /> employees , each of the other, for damages caused by fire or other perils to the extent <br /> covered by property insurance obtained pursuant to this Section 7 . 3 or other property <br /> insurance applicable to the Work , except such rights as they may have to proceeds of <br /> such insurance held by the Owner as trustee . The Owner or Design/ Builder, as <br /> appropriate , shall require from contractors and subcontractors by appropriate <br /> 12 <br />
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