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City of Everett 00 72 00 - 51 <br />PGSF WMVD Storm and Combined Sewer - Construction Package 2 WO# UP-3815-02 <br /> <br /> <br />00 72 00 - 51 GENERAL CONDITIONS <br />property insurance applicable to the Work. The Contractor shall require similar waivers from all <br />Subcontractors. <br />15.3.7 Assumption of Risk <br />Contractor hereby assumes all risk of damage to its property, or injury to its officers, directors, agents, <br />contractors, or invitees, in or about the Property from any cause, and hereby waives all claims against the <br />Owner. The Contractor further waives, with respect to the Owner only, its immunity under RCW Title <br />51, Industrial Insurance. <br />15.3.8 Cost Included in Price <br />All costs for insurance shall be incidental to and included in the unit contract prices or lump sum price of <br />the Contract and no additional payment will be made for required insurance. <br />15.3.9 Subcontractors <br />Contractor shall furnish separate evidence of insurance as stated above for each Subcontractor or shall <br />include all Subcontractors as insureds under its policies. All coverage for Subcontractors shall be subject <br />to all the requirements stated herein and applicable to their profession. If Contractor does not include <br />Subcontractors as insured under Contractor’s own insurance policies, Contractor shall be responsible for <br />assuring that all Subcontractors obtain all insurance as required by this Agreement and that the Owner be <br />specifically endorsed as an additional insured on such insurance. <br />15.3.10 No Work Until Insurance Requirements Met <br />Neither the Contractor nor any of its subcontractors shall begin work under the Contract until all required <br />insurance has been obtained and approved by the Owner, irrespective of whether a Notice to Proceed has <br />been issued. Working or calendar days will be charged against Contract Time from the date specified in <br />the Notice to Proceed (or the date of the Notice to Proceed, if no start date is specified in the Notice to <br />Proceed), and will not be suspended or not charged if insurance requirements are not fulfilled. Purchase <br />of appropriate insurance and providing satisfactory evidence of required insurance is wholly the <br />obligation of the Contractor, and any Delay that is not the fault of the Owner shall be attributed to the <br />Contractor. <br />15.3.11 Failure to Procure and Maintain Insurance <br />Failure on the part of the Contractor to obtain, maintain and deliver the policy or policies (in whole or in <br />part) and receipt or receipts as required shall constitute a material breach of Contract. After giving five <br />(5) working days notice to the Contractor to correct the breach, the Owner may, in its sole discretion and <br />option: (a) immediately terminate the Contract; (b) procure or renew such insurance and pay any and all <br />premiums in connection therewith, with any sums so expended to be repaid to the Owner on demand, or, <br />at the sole discretion of the Owner, offset against funds due the Contractor from the Owner; (c) withhold <br />progress payments (in whole or in part); and (d) avail itself of any other remedy at law, in equity, or <br />allowed by Contract. These remedies are cumulative and not exclusive. The Contractor hereby appoints <br />the Owner its true and lawful attorney, to do the things necessary for the purpose of procuring or <br />renewing insurance as provided herein. Failure of the Owner to obtain such insurance shall in no way <br />relieve the Contractor of its responsibilities under this Contract. <br />15.3.12 Cancellation <br />The Owner shall be given at least thirty (30) days prior written Notice of any cancellation, non-renewal, <br />or other material change in any insurance policy. Owner acknowledges that the Contractor’s Worker’s <br />Compensation/Employer’s Liability insurance cannot be endorsed or amended to provide the Owner with <br />prior Notice of material changes. <br />15.3.13 Evidence of Insurance <br />The Contractor shall deliver the executed Contract for the Work to the Owner together with a <br />Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set <br />forth above. The certificate must conform to the following requirements: