Common use of INSURANCE PROVIDED BY CONSTRUCTION MANAGER Clause in Contracts

INSURANCE PROVIDED BY CONSTRUCTION MANAGER. The Construction Manager shall purchase and maintain insurance for not less than the following limits or greater if required by law: 10.1.1 The Construction Manager shall purchase and maintain policies of insurance with an insurer or insurers, qualified to do business in the State of California and acceptable to District which will protect Construction Manager and District from claims which may arise out of or result from Construction Manager’s actions or inactions relating to the Agreement, whether such actions or inactions be by themselves or by an subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The aforementioned insurance shall include coverage for: 10.1.2 The Construction Manager shall carry Workers’ Compensation and Employers Liability Insurance in accordance with the laws of the State of California in an amount not less than One Million Dollars ($1,000,000). 10.1.3 Comprehensive general and auto liability insurance with limits of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit, bodily injury and property damage liability per occurrence, including: (a) Owned, non-owned and hired vehicles; (b) Blanket contractual; (c) Broad form property damage (d) Products/completed operations; and (e) Personal injury. 10.1.4 Professional liability insurance, including contractual liability, with limits of $1,000,000, per occurrence. Such insurance shall be maintained during the term of this AGREEMENT and renewed for a period of at least three (3) years thereafter and/or at rates consistent with the time of execution of this Agreement adjusted for inflation. 10.1.5 Each policy of insurance required in Article 10.1.3 above shall name the District and its officers, agents and employees as an additional insured; shall state that, with respect to the operations of Construction Manager hereunder, such policy is primary and any insurance carried by District is excess and non-contributory with such primary insurance; shall state that no less than thirty (30) days’ written notice shall be given to District prior to cancellation; and, shall waive all rights of subrogation. Construction Manager shall notify District in the event of material change in, or failure to renew, each policy. Prior to commencing work, Construction Manager shall deliver to District certificates of insurance as evidence of compliance with the requirements herein. In the event Construction Manager fails to secure or maintain any policy of insurance required hereby, District may, at its sole discretion, secure such policy of insurance in the name of an for the account of Construction Manager, and in such event Construction Manager shall reimburse District upon demand for the costs thereof.

INSURANCE PROVIDED BY CONSTRUCTION MANAGER. 1. The Construction Manager CONSTRUCTION MANAGER and Subconsultants shall purchase not violate, or permit to be violated, any term or condition of their insurance policies, and shall at all times satisfy the safety requirements of the OWNERand of the insurance companies issuing such policies. 2. The CONSTRUCTION MANAGER and Subconsultants shall maintain in force all insurance required to be procured by them under this Contract until issuance of the Notice of Physical Completion by the OWNER except where this Contract requires an insurance policy to be maintained for not less than a period beyond issuance of the following limits or greater if Notice of Physical Completion in which case the CONSTRUCTION MANAGER and Subconsultants shall maintain such insurance policy in force for the specified period beyond issuance of the Notice of Physical Completion. 3. All insurance required to be procured and maintained by law: 10.1.1 The Construction Manager the CONSTRUCTION MANAGER and Subconsultants under this Contract shall purchase and maintain policies of be procured from insurance with an insurer or insurers, qualified companies licensed to do business in the State of California New York by the NYS Department of Financial Services and rated at least A- by A.M. Best and Company, or meet such other requirements as are acceptable to District which will protect Construction Manager the OWNER in its sole and District from claims which may arise out of exclusive discretion. 4. All insurance policies required to be procured and maintained by the CONSTRUCTION MANAGER and Subconsultants under this Contract shall include a provision or result from Construction Manager’s actions endorsement that the policy shall not be canceled, materially changed, or inactions relating not renewed without at least thirty (30) calendar days written notice to the AgreementOWNER except for non-payment in which case notice to the OWNER shall be provided as required by law. 5. All insurance policies required to be procured and maintained by the CONSTRUCTION MANAGER and Subconsultants under this Contract shall include a provision or endorsement that at least thirty (30) calendar days prior to the expiration of the policy, whether evidence from the carrier of renewal or replacement of the policy by the carrier, with terms and limits no less favorable than the expiring policy, or written notice from the carrier that the policy will not be renewed or replaced by the carrier, shall be delivered to the OWNER. 6. All insurance policies required to be procured and maintained by the CONSTRUCTION MANAGER and Subconsultants under this Contract shall be written on an occurrence basis except where this Contract explicitly allows otherwise. 7. All insurance policies required to be procured and maintained by the CONSTRUCTION MANAGER and Subconsultants under this Contract shall include a provision or endorsement that the OWNER and the Client(s) shall not be responsible for any claim expenses and loss payments within the deductible or the self-insured retention and that the CONSTRUCTION MANAGER or Subconsultant shall be solely responsible for all claim expenses and loss payments within the deductible or self-insured retention. At any time this Contract requires the CONSTRUCTION MANAGER or any Subconsultant to maintain an insurance policy, the OWNER may require the CONSTRUCTION MANAGER or any Subconsultant to provide proof, acceptable to the OWNER in its sole discretion, that the CONSTRUCTION MANAGER or Subconsultant has assets or security sufficient to satisfy all deductible or self-insured obligations under such actions insurance policy for which the CONSTRUCTION MANAGER or inactions Subconsultant may be liable under the claims pending or reasonably possible against the CONSTRUCTION MANAGER or Subconsultant at the time the OWNER requires the proof. A failure of the CONSTRUCTION MANAGER or Subconsultant to provide such proof is a failure of the CONSTRUCTION MANAGER or Subconsultant to maintain the insurance required by themselves the Contract or to provide the OWNER with evidence of valid and in-force insurance coverage required by an subcontractor the Contract. 8. All insurance policies required to be procured and maintained by the CONSTRUCTION MANAGER and Subconsultants under this Contract shall include a provision or by anyone directly endorsement that there shall be no right of subrogation against the OWNER or indirectly employed by Client(s). If any of them, the CONSTRUCTION MANAGER’s policies or by anyone for whose acts any of them may the policies of any Subconsultant prohibit such a waiver of subrogation, the CONSTRUCTION MANAGER or Subconsultant shall secure the necessary permission to grant this waiver of subrogation. Any and all such permission shall be liableconfirmed by a manuscript endorsement to the relevant insurance policy or policies and a certified copy of the endorsement shall be provided to the OWNER. 9. The aforementioned Each liability and protective liability insurance policy required to be procured and maintained by the CONSTRUCTION MANAGER and Subconsultants under this Contract shall include a provision or endorsement that the coverage for: 10.1.2 The Construction Manager shall carry Workers’ Compensation afforded the OWNER and Employers Liability Insurance in accordance with the laws of the State of California in an amount not less than One Million Dollars ($1,000,000). 10.1.3 Comprehensive general and auto liability insurance with limits of not less than ONE MILLION DOLLARS ($1,000,000Client(s) combined single limit, bodily injury and property damage liability per occurrence, including: (a) Owned, non-owned and hired vehicles; (b) Blanket contractual; (c) Broad form property damage (d) Products/completed operations; and (e) Personal injury. 10.1.4 Professional liability insurance, including contractual liability, with limits of $1,000,000, per occurrence. Such insurance under such policy shall be maintained during the term of this AGREEMENT and renewed for a period of at least three (3) years thereafter and/or at rates consistent with the time of execution of this Agreement adjusted for inflation. 10.1.5 Each policy of insurance required in Article 10.1.3 above shall name the District and its officers, agents and employees as an additional insured; shall state that, with respect to the operations of Construction Manager hereunder, such policy is primary and any insurance carried by District is excess and non-contributory with and that such primary insurance; shall state that no less than thirty (30) days’ written notice policy shall be given primary to District prior any other insurance policy maintained by the OWNER or by the Client(s). Any other insurance policy maintained by the OWNER or by the Client(s) shall be in excess of and shall not contribute with the CONSTRUCTION MANAGER’s or Subconsultant’s insurance policy, regardless of the “other insurance” clause contained in the OWNER’s or Client(s)’s own policy of insurance or the CONSTRUCTION MANAGER’s or Subconsultant’s insurance policies. 10. Any Professional Contract Documents, including but not limited to cancellation; andthe Request for Proposal, shall waive but excluding Change Orders, may require any of the CONSTRUCTION MANAGER and Subconsultants to provide at its or their expense any other form or limit of insurance necessary to secure the interests of the OWNER or Client(s). 11. Notwithstanding any other provision of the Contract, the OWNER, in a Change Order or Contract Amendment, may require the CONSTRUCTION MANAGER and any or all rights Subconsultants to provide, at the expense of subrogationthe OWNER, any other form or limit of insurance in addition 12. Neither the procurement nor the maintenance of any type of insurance by the Owner, the Client(s), the Professional or the Construction Manager shall notify District in any way be construed or deemed to limit, discharge, waive or release the CONSTRUCTION MANAGER or any Subconsultant from any of the obligations or risks accepted by the CONSTRUCTION MANAGER and Subconsultants or to be a limitation on the nature or extent of said obligations and risks or to be a limitation of any obligation to defend, indemnify, hold harmless and procure insurance for the Owner and Client(s). 13. All provisions of this Article 10-– Insurance are to the fullest extent permitted by law. One purpose of this Contract is to allocate, to the fullest extent permitted by law, all risk of loss to the CONSTRUCTION MANAGER, each Subconsultant, and the insurers of each. Each insurance company from which Owner or Client(s) has directly purchased an insurance policy is a third-party beneficiary of the CONSTRUCTION MANAGER’s and each Subconsultant’s obligations to procure insurance. 14. CONSTRUCTION MANAGER is responsible for ensuring that each Subconsultant obtains and maintains in the event of material change in, or failure to renew, required amount each policy. Prior to commencing work, Construction Manager shall deliver to District certificates type of insurance as evidence of compliance policy required by this Contract and that such insurance policy provides the Owner and Client(s) with the requirements hereincoverage required by this Contract. 15. In CONSTRUCTION MANAGER agrees and acknowledges that, because the event Construction Manager fails CONSTRUCTION MANAGER (and not the Owner or Client[s]) is responsible for performance of the duties and obligations set forth in this Contract for completion of the Project, the CONSTRUCTION MANAGER, through the use of insurance, intends to secure or maintain any policy of allocate all losses to such insurance required hereby, District may, at its sole discretion, secure such policy of insurance in to protect itself and the name of an for the account of Construction Manager, Owner and in such event Construction Manager shall reimburse District upon demand for the costs thereofClient(s).

INSURANCE PROVIDED BY CONSTRUCTION MANAGER. 1. The Construction Manager CONSTRUCTION MANAGER and Subconsultants shall purchase not violate, or permit to be violated, any term or condition of their insurance policies, and shall at all times satisfy the safety requirements of the OWNER and of the insurance companies issuing such policies. 2. The CONSTRUCTION MANAGER and Subconsultants shall maintain in force all insurance required to be procured by them under this Contract until issuance of the Notice of Physical Completion by the OWNER except where this Contract requires an insurance policy to be maintained for not less than a period beyond issuance of the following limits or greater if Notice of Physical Completion in which case the CONSTRUCTION MANAGER and Subconsultants shall maintain such insurance policy in force for the specified period beyond issuance of the Notice of Physical Completion. 3. All insurance required to be procured and maintained by law: 10.1.1 The Construction Manager the CONSTRUCTION MANAGER and Subconsultants under this Contract shall purchase and maintain policies of be procured from insurance with an insurer or insurers, qualified companies licensed to do business in the State of California New York by the NYS Department of Financial Services and rated at least A- by A.M. Best and Company, or meet such other requirements as are acceptable to District which will protect Construction Manager the OWNER in its sole and District from claims which may arise out of exclusive discretion. 4. All insurance policies required to be procured and maintained by the CONSTRUCTION MANAGER and Subconsultants under this Contract shall include a provision or result from Construction Manager’s actions endorsement that the policy shall not be canceled, materially changed, or inactions relating not renewed without at least thirty (30) calendar days written notice to the AgreementOWNER except for non-payment in which case notice to the OWNER shall be provided as required by law. 5. All insurance policies required to be procured and maintained by the CONSTRUCTION MANAGER and Subconsultants under this Contract shall include a provision or endorsement that at least thirty (30) calendar days prior to the expiration of the policy, whether evidence from the carrier of renewal or replacement of the policy by the carrier, with terms and limits no less favorable than the expiring policy, or written notice from the carrier that the policy will not be renewed or replaced by the carrier, shall be delivered to the OWNER. 6. All insurance policies required to be procured and maintained by the CONSTRUCTION MANAGER and Subconsultants under this Contract shall be written on an occurrence basis except where this Contract explicitly allows otherwise. 7. All insurance policies required to be procured and maintained by the CONSTRUCTION MANAGER and Subconsultants under this Contract shall include a provision or endorsement that the OWNER and the Client(s) shall not be responsible for any claim expenses and loss payments within the deductible or the self-insured retention and that the CONSTRUCTION MANAGER or Subconsultant shall be solely responsible for all claim expenses and loss payments within the deductible or self-insured retention. At any time this Contract requires the CONSTRUCTION MANAGER or any Subconsultant to maintain an insurance policy, the OWNER may require the CONSTRUCTION MANAGER or any Subconsultant to provide proof, acceptable to the OWNER in its sole discretion, that the CONSTRUCTION MANAGER or Subconsultant has assets or security sufficient to satisfy all deductible or self-insured obligations under such actions insurance policy for which the CONSTRUCTION MANAGER or inactions Subconsultant may be liable under the claims pending or reasonably possible against the CONSTRUCTION MANAGER or Subconsultant at the time the OWNER requires the proof. A failure of the CONSTRUCTION MANAGER or Subconsultant to provide such proof is a failure of the CONSTRUCTION MANAGER or Subconsultant to maintain the insurance required by themselves the Contract or to provide the OWNER with evidence of valid and in-force insurance coverage required by an subcontractor the Contract. 8. All insurance policies required to be procured and maintained by the CONSTRUCTION MANAGER and Subconsultants under this Contract shall include a provision or by anyone directly endorsement that there shall be no right of subrogation against the OWNER or indirectly employed by Client(s). If any of them, the CONSTRUCTION MANAGER’s policies or by anyone for whose acts any of them may the policies of any Subconsultant prohibit such a waiver of subrogation, the CONSTRUCTION MANAGER or Subconsultant shall secure the necessary permission to grant this waiver of subrogation. Any and all such permission shall be liableconfirmed by a manuscript endorsement to the relevant insurance policy or policies and a certified copy of the endorsement shall be provided to the OWNER. 9. The aforementioned Each liability and protective liability insurance policy required to be procured and maintained by the CONSTRUCTION MANAGER and Subconsultants under this Contract shall include a provision or endorsement that the coverage for: 10.1.2 The Construction Manager shall carry Workers’ Compensation afforded the OWNER and Employers Liability Insurance in accordance with the laws of the State of California in an amount not less than One Million Dollars ($1,000,000). 10.1.3 Comprehensive general and auto liability insurance with limits of not less than ONE MILLION DOLLARS ($1,000,000Client(s) combined single limit, bodily injury and property damage liability per occurrence, including: (a) Owned, non-owned and hired vehicles; (b) Blanket contractual; (c) Broad form property damage (d) Products/completed operations; and (e) Personal injury. 10.1.4 Professional liability insurance, including contractual liability, with limits of $1,000,000, per occurrence. Such insurance under such policy shall be maintained during the term of this AGREEMENT and renewed for a period of at least three (3) years thereafter and/or at rates consistent with the time of execution of this Agreement adjusted for inflation. 10.1.5 Each policy of insurance required in Article 10.1.3 above shall name the District and its officers, agents and employees as an additional insured; shall state that, with respect to the operations of Construction Manager hereunder, such policy is primary and any insurance carried by District is excess and non-contributory with and that such primary insurance; shall state that no less than thirty (30) days’ written notice policy shall be given primary to District prior any other insurance policy maintained by the OWNER or by the Client(s). Any other insurance policy maintained by the OWNER or by the Client(s) shall be in excess of and shall not contribute with the CONSTRUCTION MANAGER’s or Subconsultant’s insurance policy, regardless of the “other insurance” clause contained in the OWNER’s or Client(s)’s own policy of insurance or the CONSTRUCTION MANAGER’s or Subconsultant’s insurance policies. 10. Any Professional Contract Documents, including but not limited to cancellation; andthe Request for Proposal, shall waive but excluding Change Orders, may require any of the CONSTRUCTION MANAGER and Subconsultants to provide at its or their expense any other form or limit of insurance necessary to secure the interests of the OWNER or Client(s). 11. Notwithstanding any other provision of the Contract, the OWNER, in a Change Order or Contract Amendment, may require the CONSTRUCTION MANAGER and any or all rights Subconsultants to provide, at the expense of subrogationthe OWNER, any other form or limit of insurance in addition 12. Neither the procurement nor the maintenance of any type of insurance by the Owner, the Client(s), the Professional or the Construction Manager shall notify District in any way be construed or deemed to limit, discharge, waive or release the CONSTRUCTION MANAGER or any Subconsultant from any of the obligations or risks accepted by the CONSTRUCTION MANAGER and Subconsultants or to be a limitation on the nature or extent of said obligations and risks or to be a limitation of any obligation to defend, indemnify, hold harmless and procure insurance for the Owner and Client(s). 13. All provisions of this Article 10-– Insurance are to the fullest extent permitted by law. One purpose of this Contract is to allocate, to the fullest extent permitted by law, all risk of loss to the CONSTRUCTION MANAGER, each Subconsultant, and the insurers of each. Each insurance company from which Owner or Client(s) has directly purchased an insurance policy is a third- party beneficiary of the CONSTRUCTION MANAGER’s and each Subconsultant’s obligations to procure insurance. 14. CONSTRUCTION MANAGER is responsible for ensuring that each Subconsultant obtains and maintains in the event of material change in, or failure to renew, required amount each policy. Prior to commencing work, Construction Manager shall deliver to District certificates type of insurance as evidence of compliance policy required by this Contract and that such insurance policy provides the Owner and Client(s) with the requirements hereincoverage required by this Contract. 15. In CONSTRUCTION MANAGER agrees and acknowledges that, because the event Construction Manager fails CONSTRUCTION MANAGER (and not the Owner or Client[s]) is responsible for performance of the duties and obligations set forth in this Contract for completion of the Project, the CONSTRUCTION MANAGER, through the use of insurance, intends to secure or maintain any policy of allocate all losses to such insurance required hereby, District may, at its sole discretion, secure such policy of insurance in to protect itself and the name of an for the account of Construction Manager, Owner and in such event Construction Manager shall reimburse District upon demand for the costs thereofClient(s).