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Agreements - Concrete Curb & Channelization Median at Grandview – Northern IN Commuter Transportation District
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Agreements - Concrete Curb & Channelization Median at Grandview – Northern IN Commuter Transportation District
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12/15/2021 8:19:23 AM
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12/15/2021 8:19:16 AM
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Board of Public Works
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Contracts
Document Date
12/14/2021
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3 <br /> <br />6. Costs. <br /> <br />A. Design, Installation, Maintenance, and Restoration. Licensee shall bear all costs of design, <br />installation, maintenance, and restoration of the concrete curb and channelizing median. <br /> <br />B. Emergency Maintenance. Licensee shall bear all costs of emergency maintenance or <br />repairs of the concrete curb and channelizing median necessitated by any damage to same <br />that presents a safety risk to Licensor’s operations or the travelling public. <br /> <br />7. Emergency Maintenance. In the event of damage to the concrete curb or channelizing <br />median by Licensee or a third party, Licensor may request that Licensee perform <br />emergency maintenance to remedy the damage. After receiving the request, Licensee shall <br />have twenty (20) days to complete the maintenance work. If Licensee fails to complete the <br />maintenance work within twenty (20) days of the request, Licensor shall have the right, but <br />not the obligation, to complete the emergency maintenance. In the event Licensor <br />completes the emergency maintenance as described in this section, Licensor shall be <br />entitled to recover the costs of the maintenance from Licensee, including force account <br />costs, attorney’s fees, and all other costs, whether or not litigation ensues. Licensor shall <br />send a written invoice of the costs for the work to Licensee. Licensee agrees to pay the <br />costs invoiced by Licensor within thirty (30) days of the notice. <br /> <br />8. Insurance. <br /> <br />A. Prior to and during all times when Licensee, its contractors, and/or their subcontractors <br />are installing, maintaining, or restoring a mural, or are present on NICTD property <br />under the terms of this Agreement or otherwise, Licensee, its contractors and its <br />subcontractors, shall purchase and maintain the following insurance coverage from any <br />responsible carrier(s) rated “A+” or better by Best’s Review. The total cost of the <br />premiums for such insurance coverage shall be at the sole expense of the Licensee, its <br />contractor(s) and/or subcontractor(s). <br /> <br />1. Comprehensive General Liability Insurance: The Licensee’s contractors shall <br />furnish evidence, with respect to the operations it performs and any operations <br />performed by its contractors or subcontractors, of comprehensive general liability <br />insurance covering bodily injury, death, and property damage, including loss of use, <br />with a limit of not less than $5,000,000 each occurrence combined single limit, <br />bodily injury and/or property damage combined, including contractual liability <br />coverage with any reference or exclusion relating to Work within fifty (50) feet of <br />a railroad track deleted as respects this License; and, listing as respect Licensee's <br />obligations herein the Northern Indiana Commuter Transportation District <br />(NICTD) as an additional insured. <br /> <br />2. Workers' Compensation Insurance: The Licensee, its contractors, and their <br />subcontractors shall furnish evidence, with respect to the operations they perform, <br />of workers compensation insurance complying with the statutes of the state wherein <br />the Work is conducted covering their respective employees. The coverage shall
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