IMCO General Construction, Inc. 8/28/2024

Section 00 72 00 GENERAL CONDITIONS City of Everett 00 72 00-54 June 2024 WFP Air Scour Blower Building Replacement Issued for Bid UP3813 15.3.3 Claims Made Form Requirements If any policy is written on a claims made form, the retroactive date shall be prior to or coincident with the effective date of this Contract. The policy shall state that coverage is claims made, and state the retroactive date. Claims made form coverage shall be maintained by the Contractor for a minimum of three years following the expiration or earlier termination of this Contract, and the Contractor shall annually provide the Owner with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting period ("tail") or execute another form of guarantee acceptable to the Owner to assure financial responsibility for liability for services performed. 15.3.4 Cross Liability Endorsement The policies of insurance shall contain a “cross liability” endorsement substantially as follows: The inclusion of more than one insured under this policy shall not affect the rights of any insured as respects any claim, suit, or judgment made or brought by or for any other insured or by or for any employee of any other insured. This policy shall protect each insured in the same manner as though a separate policy had been issued to each, except that nothing herein shall operate to increase the company’s liability beyond the amount or amounts for which the company would have been liable had only one insured been named. 15.3.5 Additional Insured All insurance policies, with the exception of Workers Compensation shall be endorsed to name the Owner, BHC Consultants, LLC and its subcontractors, and each of their respective officers, elected officials, employees, agents, 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 or self- 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