American Process Group 2/9/2023 - Laserfiche WebLink

City of Everett 00 7200 - 51 2023 Biosolids Removal UT 3808 - 2 officials, employees, agents,representatives, Subconsultants and volunteers, and other entities specifically required by the Contract Documents, as additional insured(s). Such endorsement shall not limit the policy limits available to the Owner as additional insured to the coverage amounts required herein if the Contractor maintains larger policy limits. 15.3.6 Contractor Insurance Primary/Waiver of Subrogation Contractor's insurance shall be primary as respects the Owner, and any other insurance maintained by the Owner shall be excess and not contributing insurance with the Contractor's insurance. The Contractor waives all rights against the Owner and its separate contractors,and their agents and employees,for damages caused by fire or other perils to the extent such damage cost is actually paid by property insurance applicable to the Work. The Contractor shall require similar waivers from all Subcontractors. 15.3.7 Assumption of Risk Contractor hereby assumes all risk of damage to its property, or injury to its officers, directors, agents, ' contractors, or invitees, in or about the Property from any cause, and hereby waives all claims against the Owner. The Contractor further waives,with respect to the Owner only, its immunity under RCW Title 51,Industrial Insurance. 15.3.8 Cost Included in Price All costs for insurance shall be incidental to and included in the unit contract prices or lump sum price of the Contract and no additional payment will be made for required insurance. ' 15.3.9 Subcontractors Contractor shall furnish separate evidence of insurance as stated above for each Subcontractor or shall include all Subcontractors as insureds under its policies. All coverage for Subcontractors shall be subject to all the requirements stated herein and applicable to their profession. If Contractor does not include Subcontractors as insured under Contractor's own insurance policies, Contractor shall be responsible for assuring that all Subcontractors obtain all insurance as required by this Agreement and that the Owner be specifically endorsed as an additional insured on such insurance. 15.3.10 No Work Until Insurance Requirements Met Neither the Contractor nor any of its subcontractors shall begin work under the Contract until all required insurance has been obtained and approved by the Owner, irrespective of whether a Notice to Proceed has been issued. Working or calendar days will be charged against Contract Time from the date specified in the Notice to Proceed(or the date of the Notice to Proceed,if no start date is specified in the Notice to Proceed),and will not be suspended or not charged if insurance requirements are not fulfilled. Purchase of appropriate insurance and providing satisfactory evidence of required insurance is wholly the obligation of the Contractor,and any Delay that is not the fault of the Owner shall be attributed to the Contractor. 15.3.11 Failure to Procure and Maintain Insurance ' Failure on the part of the Contractor to obtain,maintain and deliver the policy or policies (in whole or in part) and receipt or receipts as required shall constitute a material breach of Contract. After giving five (5) working days notice to the Contractor to correct the breach,the Owner may,in its sole discretion and option: (a)immediately terminate the Contract; (b)procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the Owner on demand, or, at the sole discretion of the Owner, offset against funds due the Contractor from the Owner; (c)withhold progress payments(in whole or in part); and(d)avail itself of any other remedy at law,in equity, or allowed by Contract. These remedies are cumulative and not exclusive. The Contractor hereby appoints the Owner its true and lawful attorney,to do the things necessary for the purpose of procuring or renewing insurance as provided herein. Failure of the Owner to obtain such insurance shall in no way relieve the Contractor of its responsibilities under this Contract. ' 00 7200 - 51 GENERAL CONDITIONS