Page 195 - Sustainable Cities and Communities Design Handbook

Solar Power and Energy Conservation as Solutions Chapter j 9 169

structures, construction equipment, tools or personal effects,
owned, rented to, or in the care, custody and control of Contractor
or any Subcontractor or Subconsultant. In the event of loss or
damage is caused by the acts or omissions of Contractor or its
Subcontractors or Subconsultants that is not covered by the
Builders Risk policy, the cost of the repair and/or replacement of
such loss or damage shall be at Contractor’s own expense. Dis-
trict, Contractor and all Subcontractors and Subconsultants each
and all waive rights of subrogation against each other to the extent
that said Builder’s Risk policy covers property damage arising out
of the perils of fire or other casualty also covered by Contractor’s
or a Subcontractor’s or Subconsultant’s insurance policy.
(4) Policy Requirements and Endorsements. Except as otherwise
stated in this Paragraph 4, each policy of insurance required to be
provided by Subcontractors and Subconsultants shall comply with
the following:
(a) The commercial general liability insurance policy shall
contain a waiver of subrogation rights against District,
members of the Board of Trustees, District’s Consultants, and
each of their respective agents, employees, and volunteers,
and the State Allocation Board
(b) The insurance policies provided for Commercial General
Liability, Auto Liability, as well as any Excess Liability
coverage in excess thereof shall be endorsed to include,
individually and collectively, the District, members of the
Board of Trustees, District’s Consultants, and each of their
respective agents, employees, and volunteers, and the State
Allocation Board, as additional insureds.
(c) The insurance policies shall provide that the insurance is
primary coverage with respect to District and all other addi-
tional insureds, shall not be considered contributory insurance
with any insurance policies of the District or any other
additional insureds, and all insurance coverages provided by
District and any other additional insureds shall be considered
excess to the coverages provided by the Subcontractor or
Subconsultant.
12. In the event of a dispute, both parties shall be entitled to all available legal
or equitable remedies.
13. Payment bonds issued by an admitted surety insurer in an amount not less
than 100% of the contract amount to secure the payment of claims of
laborers, mechanics, and materials suppliers employed on the work under
the contract.
14. Require that the plans and specifications for the project be constructed in
compliance with all applicable governmental design standards and shall