04-23-2020
Laserfiche
>
Public
>
Flood Diversion Board of Authority
>
Agenda
>
2020
>
04-23-2020
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
4/17/2020 2:47:38 PM
Creation date
4/17/2020 2:47:27 PM
Metadata
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
155
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Download electronic document
View images
View plain text
5 <br />11.Insurance. Watts agrees to maintain and shall cause its subcontractors to maintain the <br />following insurance coverage in relation to their performance of the Services provided under <br />this Agreement: <br />A. Commercial General Liability (“CGL”) Insurance with combined single limits of $1 million per occurrence and $2 million in the aggregate; <br />B. Automobile Liability Insurance for claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non-owned vehicle with a combined single limit of $1 million; and <br />C. Workers’ Compensation Insurance in the amount required by law. <br />The Authority and the State of North Dakota shall be added as additional insureds to any policy. The CGL policy shall be considered primary insurance without recourse to or contribution from any similar insurance carried by the Authority. The insurance certificate shall contain a provision that coverage afforded under the policy evidenced by such certificate <br />will not cancelled or changed without at least thirty (30) calendar days’ prior written notice to the Authority. Watts shall deliver certificates of insurance to the Authority evidencing the existence of such policy within twenty-eight (28) calendar days from the effective date of this Agreement. <br />12.Performance. Each Party will perform its respective obligations under this Agreement and doeverything necessary to ensure that the terms of this Agreement take effect. <br />13.Dispute Resolution. The Authority and Watts shall endeavor to resolve claims, disputes, andother matters in question between them through non-binding mediation, which, unless the <br />parties mutually agree otherwise, shall be administered by the American ArbitrationAssociation in accordance with its Construction Industry Mediation Practices in effect on theeffective date of this Agreement. A request for non-binding mediation shall be made inwriting, delivered to the other Party to this Agreement and filed with person or entityadministering the mediation. The request may be made concurrently with the filing of a <br />complaint or other appropriate demand for binding dispute resolution, but in such event,mediation shall proceed in advance of binding dispute resolution proceedings, which shall bestayed pending mediation for a period of sixty (60) calendar days from the date of filing,unless stayed for a longer period by agreement of the Parties or court order. The Parties shallshare the mediator’s fee and any filing fees equally. The mediation shall be held in Cass <br />County, North Dakota, unless another location is mutually agreed upon by the Parties.Agreements reached in mediation shall be enforceable as settlement agreements in any courthaving jurisdiction thereof. If the Parties do not resolve a dispute through non-bindingmediation pursuant to this Section, then the method of binding dispute resolution shall be viaformal claims filed in a court of competent jurisdiction. <br />14.Termination. Either Party may terminate this Agreement, in whole or in part, for cause ifeither Party fails substantially to perform through no fault of the other and does not commencecorrection of such nonperformance within twenty (20) calendar days of written notice anddiligently complete the correction thereafter.
The URL can be used to link to this page
Your browser does not support the video tag.