James W. Fowler Co. 12/1/2021 - Laserfiche WebLink

11.1.4 Design-Build Exclusions. Design-Builder is responsible for procuring and maintaining the insurance for the coverage amounts all as set forth in this Contract. Design-Builder's liability insurance shall specifically delete any design-build or similar exclusions that could compromise coverages because of the design-build nature of the Project. Any professional liability insurance shall specifically delete any design-build or similar exclusions that could compromise coverages because of the design-build nature of the Project. 11.1.5 Subcontractors. Except as otherwise agreed by the Owner in writing: the Design-Builder shall furnish separate evidence of insurance as stated above for each Subcontractor; and all coverage for Subcontractors shall be subject to all requirements stated herein(including specifically that the Owner be named as an additional insured on such insurance). 11.2 Performance and Payment Bond. Design-Builder shall secure from a surety company acceptable to Owner, admitted and licensed in the State of Washington, and shall pay for performance and payment bonds covering the faithful performance of the Contract and payment of obligations arising under the Contract Documents, each in the full amount of the GMP plus sales tax, pursuant to RCW 39.08, "Contractor's Bond." The bond shall be on a form provided by Owner. The bond must be executed by a duly licensed surety company that is listed in the latest Circular 570 of the United States Treasury Department as being acceptable as surety on federal bonds. No surety's liability on the bond shall exceed the underwriting limitations for the respective surety specified in Circular 570. The scope of the bond or the form thereof prescribed in these Contract Documents shall in no way affect or alter the liabilities of Design- Builder to Owner as set forth herein. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. The bond shall cover all Change Orders without further consent from the surety. 11.3 Builder's Risk Insurance. The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the project is located, builders risk insurance on an"all risk"or equivalent policy form,which shall insure against the perils of fire with extended coverage, theft, vandalism, malicious mischief, collapse, windstorm, falsework and temporary structures, testing and startup, debris removal, demolition occasioned by enforcement of any legal requirements, earth movement and flood, in the amount of the initial contract sum plus the value of subsequent change orders, for the full replacement cost of the project, including portions of the work stored offsite or while in transit. Such insurance shall be maintained, unless otherwise agreed in writing, until no entity other than the Owner has an insurable interest in the project, or until final acceptance by owner, whichever is later. Such policy shall include the Owner, Contractor and all subcontractors as named insureds. Policy will allow of partial occupancy. Owner, at Owner's option, may request coverage for Owner's loss of use to be included in the policy required herein. If Owner chooses to exercise such option, (1) Owner shall provide Contractor with values to be insured and (2) Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. Article 12 Other Provisions 12.1 Contract Exhibits. The Exhibits to this Contract, incorporated herein by reference, are as follows Exhibit A, List of Reference Documents; Exhibit B, Owner's Project Criteria; Exhibit C, Phase 1 Scope of Services; Exhibit D, Work included in Construction General Conditions; PROGRESSIVE DESIGN-BUILD CONTRACT,Page 20