Okaloosa County BOCC — March 4, 2014 — reading text

TRACTOR, Subcontractors, ENGINEER, General Conditions Page 00700-16 Packet Pg. 199  ENGINEER’s Consultants, and any other maintained in accordance with paragraph 5.06 will contain individuals or entities identified in the a provision or endorsement that the coverage afforded will Supplementary Conditions, and the officers, not be canceled or materially changed or renewal refused directors, partners, employees, agents, and other until at least 30 days prior written notice has been given to consultants and subcontractors of each and any of OWNER and CONTRACTOR and to each other additional them, each of whom is deemed to have an insurable insured to whom a certificate of insurance has been issued interest and shall be listed as an additional insured; and will contain waiver provisions in accordance with paragraph 5.07. 2. be written on a Builder’s Risk “all-risk” or open peril or special causes of loss policy form D. OWNER shall not be responsible for purchasing that shall at least include insurance for physical loss and maintaining any property insurance specified in this or damage to the Work, temporary buildings, false paragraph 5.06 to protect the interests of CONTRACTOR, work, and materials and equipment in transit, and Subcontractors, or others in the Work to the extent of any shall insure against at least the following perils or deductible amounts that are identified in the Supplementary causes of loss: fire, lightning, extended coverage, Conditions. The risk of loss within such identified theft, vandalism and malicious mischief, earthquake, deductible amount will be borne by CONTRACTOR, collapse, debris removal, demolition occasioned by Subcontractors, or others suffering any such loss, and if any enforcement of Laws and Regulations, water dam- of them wishes property insurance coverage within the age, and such other perils or causes of loss as may limits of such amounts, each may purchase and maintain it be specifically required by the Supplementary at the purchaser’s own expense. Conditions; E. If CONTRACTOR requests in writing that other 3. include expenses incurred in the repair or special insurance be included in the property insurance replacement of any insured property (including but policies provided under paragraph 5.06, OWNER shall, if not limited to fees and charges of engineers and possible, include such insurance, and the cost thereof will architects); be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of 4. cover materials and equipment stored at the Work at the Site, OWNER shall in writing advise the Site or at another location that was agreed to in CONTRACTOR whether or not such other insurance has writing by OWNER prior to being incorporated in been procured by OWNER. the Work, provided that such materials and equipment have been included in an Application for 5.07 Waiver of Rights Payment recommended by ENGINEER; SEE SUPPLEMENTARY CONDITIONS (SECTION 5. allow for partial utilization of the Work 00800) by OWNER; A. OWNER and CONTRACTOR intend that all 6. include testing and startup; and policies purchased in accordance with paragraph 5.06 will protect OWNER, CONTRACTOR, Subcontractors, 7. be maintained in effect until final pay- ENGINEER, ENGINEER’s Consultants, and all other ment is made unless otherwise agreed to in writing individuals or entities identified in the Supplementary by OWNER, CONTRACTOR, and ENGINEER Conditions to be listed as insureds or additional insureds with 30 days written notice to each other additional (and the officers, directors, partners, employees, agents, and insured to whom a certificate of insurance has been other consultants and subcontractors of each and any of issued. them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of B. OWNER shall purchase and maintain such boiler loss covered thereby. All such policies shall contain and machinery insurance or additional property insurance provisions to the effect that in the event of payment of any as may be required by the Supplementary Conditions or loss or damage the insurers will have no rights of recovery Laws and Regulations which will include the interests of against any of the insureds or additional insureds OWNER, CONTRACTOR, Subcontractors, ENGINEER, thereunder. OWNER and CONTRACTOR waive all rights ENGINEER’s Consultants, and any other individuals or against each other and their respective officers, directors, entities identified in the Supplementary Conditions, each of partners, employees, agents, and other consultants and whom is deemed to have an insurable interest and shall be subcontractors of each and any of them for all losses and listed as an insured or additional insured. damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any C. All the policies of insurance (and the certificates other property insurance applicable to the Work; and, in or other evidence thereof) required to be purchased and addition, waive all such rights against Subcontractors, General Conditions Page 00700-17 Packet Pg. 200 ENGINEER, ENGINEER’s Consultants, and all other individuals or entities identified in the Supplementary B. OWNER as fiduciary shall have power to adjust Conditions to be listed as insureds or additional insureds and settle any loss with the insurers unless one of the (and the officers, directors, partners, employees, agents, and parties in interest shall object in writing within 15 days other consultants and subcontractors of each and any of after the occurrence of loss to OWNER’s exercise of this them) under such policies for losses and damages so power. If such objection be made, OWNER as fiduciary caused. None of the above waivers shall extend to the shall make settlement with the insurers in accordance with rights that any party making such waiver may have to the such agreement as the parties in interest may reach. If no proceeds of insurance held by OWNER as trustee or such agreement among the parties in interest is reached, otherwise payable under any policy so issued. OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in B. OWNER waives all rights against interest, OWNER as fiduciary shall give bond for the CONTRACTOR, Subcontractors, ENGINEER, proper performance of such duties. ENGINEER’s Consultants, and the officers, directors, partners, employees, agents, and other consultants and 5.09 Acceptance of Bonds and Insurance; Option to subcontractors of each and any of them for: Replace 1. loss due to business interruption, loss of A. If either OWNER or CONTRACTOR has any use, or other consequential loss extending beyond objection to the coverage afforded by or other provisions of direct physical loss or damage to OWNER’s the Bonds or insurance required to be purchased and property or the Work caused by, arising out of, or maintained by the other party in accordance with Article 5 resulting from fire or other peril whether or not on the basis of non-conformance with the Contract insured by OWNER; and Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the 2. loss or damage to the completed Project certificates (or other evidence requested) required by or part thereof caused by, arising out of, or resulting paragraph 2.05.C. OWNER and CONTRACTOR shall from fire or other insured peril or cause of loss each provide to the other such additional information in covered by any property insurance maintained on respect of insurance provided as the other may reasonably the completed Project or part thereof by OWNER request. If either party does not purchase or maintain all of during partial utilization pursuant to paragraph the Bonds and insurance required of such party by the Con- 14.05, after Substantial Completion pursuant to tract Documents, such party shall notify the other party in paragraph 14.04, or after final payment pursuant to writing of such failure to purchase prior to the start of the paragraph 14.07. Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right C. Any insurance policy maintained by OWNER or remedy, the other party may elect to obtain equivalent covering any loss, damage or consequential loss referred to Bonds or insurance to protect such other party's interests at in paragraph 5.07.B shall contain provisions to the effect the expense of the party who was required to provide such that in the event of payment of any such loss, damage, or coverage, and a Change Order shall be issued to adjust the consequential loss, the insurers will have no rights of Contract Price accordingly. recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER’s Consultants and the 5.10 Partial Utilization, Acknowledgment of Property officers, directors, partners, employees, agents, and other Insurer consultants and subcontractors of each and any of them. A. If OWNER finds it necessary to occupy or use a 5.08 Receipt and Application of Insurance Proceeds portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, A. Any insured loss under the