Contract LT-246 plans for 39th Street water line replacement

NYC 9/11 Public Portal Document

8. The Contractor assumes the following risks, whether such risks arise from acts or omissions (negligent or not) of the Contractor, the Authority or third persons or from any other cause, excepting only risks occasioned solely by affirmative, wilful acts of the Authority done subsequent to the opening of Proposals on this Contract, and shall Indemnify the Authority for all loss and expense incurred in connection with risks (c) and (d) below except for damage caused by or resulting from the sole negligence of the Authority, its agents or employees: (a) the risk of loss or damage to the construction (including materials not yet incorporated in the construction) occurring prior to the issu­ ance of the certificate of final completion; (b) the risk of loss or damage occurring at the construction site to any property of the Con­ tractor; (c) the risk of claims, whether made against the Contractor or the Authority, for loss or damage occurring at the construction site to any property of the Contractor's agents, employees, subcontractors, ma­ terialmen and others performing work hereunder; (d) the risk of claims for Injuries, damage and loss of any kind, just or unjust, of third persons arising or alleged to arise out of the performance of work, whether such claims are made against the Contractor or the Authority. The risks asumed under (b), (c) and (d) above include those relating to injuries, loss and .damage sustained both prior and subsequent to the issuance of the certificate of final completion. This paragraph shall not limit the responsibilities the Contractor would have in the absence ' of this paragraph. No third party rights are created by the Contract, except to the extent that the Contract specifically provides otherwise by use of the words "benefit" or "direct right of action".

9. The Contractor shall take out and maintain at his own expense Workers' Compensation Insurance in accordance with the requirements of law of the state where work is to be performed and also Comprehensive General Liability Insurance Including but not limited to Premises Operations and Completed Operations coverage, with a contractual liability endorsement covering the obligations under subparagraph (d) of paragraph 8 above, in bodily injury liability limits of not less than $500,000 for each coverage thereunder and in limits of not less than $500,000 for each coverage under property damage liability.^ The policies shall not name the Authority as an Insured but shall contain a provision that the policy may not be cancelled, terminated or modified without fifteen days written advance notice to the Manager,' Risk Management Division, the Port Authority of New York and New Jersey, One PATH Plaza, Jersey City, N.J. 07306 (Attn; Construction Certificate Review). Moreover, the Comprehensive General Liability policy shall not contain any provisions for exclusions from liability other than provisions for exclusions from liability forming part of the standard, basic, unamended and unendorsed Comprehensive General Liability policy

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