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City of Everett 00 72 00 - 50 <br />PGSF WMVD Storm and Combined Sewer - Construction Package 2 WO# UP-3815-02 <br /> <br /> <br />00 72 00 - 50 GENERAL CONDITIONS <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 two (2) years 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 />15.3.3 Claims Made Form Requirements <br />If any policy is written on a claims made form, the retroactive date shall be prior to or coincident with the <br />effective date of this Contract. The policy shall state that coverage is claims made, and state the <br />retroactive date. Claims made form coverage shall be maintained by the Contractor for a minimum of <br />three years following the expiration or earlier termination of this Contract, and the Contractor shall <br />annually provide the Owner with proof of renewal. If renewal of the claims made form of coverage <br />becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting <br />period ("tail") or execute another form of guarantee acceptable to the Owner to assure financial <br />responsibility for liability for services performed. <br />15.3.4 Cross Liability Endorsement <br />The policies of insurance shall contain a “cross liability” endorsement substantially as follows: <br />The inclusion of more than one insured under this policy shall not affect the rights of any insured as <br />respects any claim, suit, or judgment made or brought by or for any other insured or by or for any <br />employee of any other insured. This policy shall protect each insured in the same manner as though a <br />separate policy had been issued to each, except that nothing herein shall operate to increase the <br />company’s liability beyond the amount or amounts for which the company would have been liable <br />had only one insured been named. <br />15.3.5 Additional Insured <br />All insurance policies, with the exception of Workers Compensation, shall be endorsed to name the <br />Owner and its elected officials, officers, employees, agents, and volunteers, the Port of Everett and its <br />elected officials, officers, employees, agents, and volunteers, and other entities specifically required by <br />the Contract Documents, as additional insured(s). Such endorsement shall not limit the policy limits <br />available to the Owner as additional insured to the coverage amounts required herein if the Contractor <br />maintains larger policy limits. <br />15.3.6 Contractor Insurance Primary / Waiver of Subrogation <br />Contractor’s insurance shall be primary as respects the Owner, and any other insurance or self-insurance <br />maintained by the Owner shall be excess and not contributing insurance with the Contractor’s insurance. <br />The Contractor waives all rights against the Owner and its separate contractors, and their agents and <br />employees, for damages caused by fire or other perils to the extent such damage cost is actually paid by