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1 <br /> Section 00 72 00 GENERAL CONDITIONS <br /> Contractor may not sue,cross-claim,claim,or bring any action of any kind whatsoever against the Owner <br /> on any Contract Claim or Dispute after the expiration of one hundred eighty(180)days from Physical <br /> Completion. <br /> Any alleged cause of action by Owner or Contractor as to any acts or failures to act occurring prior to <br /> Substantial Completion shall be deemed to have accrued in any and all events not later than such date of <br /> Substantial Completion. I <br /> 15. LIABILITY AND INSURANCE <br /> 15.1 GENERAL I <br /> Contractor bears all risk of loss,casualty or damage to installed Work prior to Final Acceptance, <br /> irrespective of whether the Owner has taken possession of the Project in whole or in part and <br /> notwithstanding the existence or availability of insurance or the insurance coverages required by the <br /> Contract Documents. <br /> 15.2 BONDS <br /> 15.2.1 Payment and Performance Bonds <br /> The Contractor shall provide a payment bond and a performance bond, each in the amount of 100 percent <br /> of the Contract Sum in the form required by the Contract. This bond shall serve as security for the <br /> faithful performance of the Work and as security for the faithful payment and satisfaction of the persons <br /> furnishing materials and performing labor on the Work. The bond shall be issued by a corporation duly <br /> and legally licensed to transact surety business in the State of Washington. Such bond shall remain in <br /> force throughout the period required to complete the Work,and thereafter for a period of three hundred <br /> sixty-five(365)calendar days after Final Acceptance. The bond must be executed by a duly licensed <br /> surety company,which is listed in the latest Circular 570 of the United States Treasury Department,as <br /> being acceptable as surety on federal bonds. No surety's liability on the bond shall exceed the <br /> underwriting limitations for the respective surety specified in Circular 570. The scope of the bond or the <br /> form thereof prescribed in these Contract Documents shall in no way affect or alter the liabilities of the <br /> Contractor to the Owner as set forth herein. <br /> 15.2.2 Maintenance Bond <br /> The Contractor shall,prior to the release of Final Payment, furnish separate Maintenance(or Guarantee) <br /> Bonds in form acceptable to the Owner written by the same corporate surety that provides the Payment <br /> and Performance Bond for this Contract.These bonds shall secure the Contractor's obligation to replace <br /> or repair defective materials and faulty workmanship for a minimum period of one(1)year after Final <br /> Payment and shall be written in an amount equal to one hundred percent(100%)of the Contract Sum,as <br /> adjusted(if at all). <br /> 15.3 INSURANCE <br /> 15.3.1 General <br /> The Contractor shall obtain and keep in force during the term of the Contract and until thirty(30)days <br /> after the Completion Date,unless otherwise indicated below,the following insurance with insurance <br /> companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. <br /> 15.3.2 Insurer Rating <br /> The insurance provided must be with an insurance company with a rating of A-: VII or higher in the A.M. <br /> Best's Key Rating Guide,which is licensed to do business in the state of Washington(or issued as a <br /> surplus line by a Washington Surplus lines broker). The Owner reserves the right to approve the security <br /> of the insurance provided,the company,terms and coverage, and the Certificate of Insurance. <br /> City of Everett 00 72 00-50 February 2023 ' <br /> WPCF TF/Bar Screen Upgrades <br /> UP3770 <br /> I <br />