13-071 - King County - Tukwila Transit Center Design, Construction and Management

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10. INSURANCE AND INDEMNIFICATION 10.1 Insurance Requirements. If the City uses a contractor to perform Work under this Agreement, after taking into account the scope of work and services which may be performed by its contractor(s), the City shall require that the City's contractor maintain Commercial General Liability, Professional Liability if professional services are required, Automobile Liability insurance, Statutory Workers Compensation, Employers Liability /Stop, Builder's Risk coverage and other insurance as may be required with prudent limits of liability as established by a City risk assessment. 10.1.2 Any such contractor insurance specified in Subsection 10.1 shall insure the City, its contractor, and the County and its officers, officials, agents and employees against loss arising out of or in connection with activities, performed in furtherance of this Agreement by the City's contractor. Contractor's general and automobile liability insurance and other liability insurance, except workers compensation and professional liability, as may be required shall include the County and its officers, officials, agents and employees as an additional insured (with a Form as broad as CG 20 10 11/85) and shall contain standard separation of insureds language. The City's contractor's insurance shall be primary to and not contributing with any insurance or self insurance that may be carried by the County. 10.1.3 The City shall procure and maintain or require its contractor to procure and maintain Builders Risk during the life of the Agreement or until acceptance of the Project by the City, whichever is longer, "All Risk" Builders Risk Insurance at least as broad as ISO form number CP0020 (Builders Risk Coverage Form) with ISO form number CP0030 (Causes of Loss — Special Form) including coverage for collapse, theft, off -site storage and property in transit. The coverage shall insure for direct physical loss to property of the entire construction project, for one hundred percent (100 %) of the replacement value thereof and include earthquake and flood. The policy shall be endorsed to cover the interests, as they may appear, of the City, the County, Contractor and subcontractors of all tiers with the City, the County and sub - contractors listed as a Named Insured. In the event of a loss to any or all of the Work and /or materials therein and /or to be provided at any time prior to the final close -out of the Agreement and acceptance of the Project by the City, the Contractor shall promptly reconstruct, repair, replace or restore all Work and /or materials so destroyed. The Contractor shall waive all rights against the City and the County, their consultants, or any 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. Agreement Between King County and the City of Tukwila For the Design, Construction and Maintenance of the Tukwila Transit Center