Maguire Insurance Requirements

10.1 INDEMNITY

10.1.1 To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless Owner, Owner’s officers, directors, members, consultants, agents and employees from all claims for bodily injury and property damage (other than to the Work itself and other property required to be insured under Paragraph 10.5 hereof owned by or in the custody of Owner), that may arise from the performance of the Work, to the extent of the negligence attributed to such acts or omissions by Contractor, Subcontractors, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. Contractor shall not be required to defend, indemnify, or hold harmless Owner, Owner’s officers, directors, members, consultants, agents and employees for any acts, omissions or negligence of Owner, Owner’s officers, directors, members, consultants, employees, agents, or separate contractors.

10.1.2 To the fullest extent permitted by law, Owner shall defend, indemnify and hold harmless Contractor, its officers, directors, or members, Subcontractors or anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable from all claims for bodily injury and property damage, other than property insured under Paragraph 10.5, that may arise from the performance of work by Others, to the extent of the negligence attributed to such acts or omissions by Others.

10.2 CONTRACTOR’S LIABILITY INSURANCE

10.2.1 Contractor shall obtain and maintain insurance coverage for the following claims which may arise out of the performance of this Agreement, whether resulting from Contractor’s operations or from the operations of any Subcontractor, anyone in the employ of any of them, or by an individual or entity for whose acts they may be liable;

.1 Workers’ compensation, disability benefit and other employee benefit claims under acts applicable to the Work;

.2 under applicable employers’ liability law, bodily injury, occupational sickness, disease or death claims of Contractor’s employees;

.3 bodily injury, sickness, disease or death claims for damages to persons not employed by Contractor;

.4 personal injury liability claims for damages directly or indirectly related to the person’s employment by Contractor or for damages to any other person;

.5 damage to or destinations of tangible property including resulting loss of use, claims for property other than the work itself and other property insured under Paragraph 10.5;

.6 bodily injury, death or property damage claims resulting from motor vehicle liability in the use, maintenance or ownership of any motor vehicle; and

.7 contractual liability claims involving Contractor’s obligations under Subparagraph 10.1.1.

10.2.2 Contractor’s Commercial General and Automobile Liability insurance as required by Subparagraph 10.2.1 shall be written for not less than the following limits of liability:

.1 Commercial General Liability Insurance

a. Each Occurrence Limit
$            5, 500,000.

b. General Aggregate
$            6,000,000.

c. Products/Completed
Operations Aggregate
$            6,000,000.

d. Personal and Advertising
Injury Limit
$            5,500,000.

.2 Comprehensive Automobile Liability Insurance

a. Combined Single Limit Bodily
Injury and Property Damage
$            5,500,000.
              Each Occurrence

b. Bodily injury
$            N/A
              Each Person

$            N/A
              Each Occurrence

c. Property Damage
$            N/A
              Each Occurrence

10.2.3 Commercial General Liability Insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies and an Excess or Umbrella Liability policy.

10.2.4 The policies shall contain a provision that coverage will not be canceled or not renewed until at least thirty (30) days’ prior written notice has been given to Owner. Certificates of insurance showing required coverage to be in force shall be filed with Owner prior to commencement of the Work.

10.2.5 Products and Completed Operations insurance shall be maintained for a minimum period of one year(s) after the Date of Substantial Completion or completion of designated portion of this work, as outlined in the Scope of Work.

10.3 PROFESSIONAL LIABILITY INSURANCE If the Project is Contractor design-build, Contractor shall obtain professional liability insurance for claims arising from the negligent performance of professional services by Contractor under this Agreement.

10.4 OWNER’S LIABILITY INSURANCE Owner shall be responsible for obtaining and maintaining its own liability insurance. Insurance for claims arising out of the performance of this Agreement may be purchased and maintained at Owner’s discretion. Owner shall provide Contractor with a certificate of insurance at the request of Contractor.

10.5 INSURANCE TO PROTECT PROJECT

10.5.1 Owner shall obtain and maintain “All Risk” Builder’s Risk Insurance in a form acceptable to Contractor upon the entire Project for the full cost of replacement at the time of any loss. This insurance shall include as named insureds Owner, Contractor, Architect/Engineer, Subcontractors and Sub-subcontractors. This insurance shall include all risk insurance for physical loss or damage including without duplication of coverage, at least: theft, vandalism, malicious mischief, transit, materials stored off site, collapse, falsework, temporary buildings, debris removal, flood, earthquake, testing, and damage resulting from defective design, workmanship or material. Owner shall Increase limits of coverage, if necessary, to reflect estimated replacement cost. The insurance policy shall be written without a coinsurance clause. Owner shall be solely responsible for any deductible amounts.

10.5.2 If Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by Owner and Contractor. Permission for partial occupancy from the insurance company shall be included as standard in the property insurance policy, to ensure that this insurance shall not be canceled or lapsed on account of partial occupancy. Consent of Contractor to such early occupancy or use shall not be unreasonably withheld.

10.5.3 Owner shall obtain and maintain boiler and machinery insurance as necessary. The interests of Owner, Contractor, Architect/Engineer, Subcontractors and Sub-contractors shall be protected under this coverage.

10.5.4 Owner will purchase and maintain insurance to protect Owner, Contractor, Architect/Engineer, Sub-contractors and Sub-subcontractors against loss of use of Owner’s property due to those perils insured pursuant to Paragraph 10.5. Such policy will provide coverage for expediting expenses of materials, continuing overhead of Owner and Contractor, Architect/Engineer, Subcontractors and Sub-subcontractors, necessary labor expense including overtime, loss of income by Owner and other determined exposures. Exposures of Owner, Contractor, Architect/Engineer, Subcontractors and Sub-subcontractors shall be determined by mutual agreement with separate limits of coverage fixed for each item.

10.5.5 Owner shall provide Contractor with a copy of all property insurance policies before an exposure to loss may occur. Copies of any subsequent endorsements shall be furnished to Contractor. Contractor shall be given thirty (30) days notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. Owner shall give written notice to Contractor before commencement of the Work if Owner will not be obtaining property Insurance. In that case, Contractor may obtain insurance in order to protect its interest in the Work, as well as the interest of the Architect/Engineer, Subcontractors and Sub-subcontractors in the Work. The Contract Price shall be increased by the cost of this insurance through Change Order. If Contractor is damaged by the failure of Owner to purchase or maintain property insurance or to so notify Contractor, Owner shall bear all reasonable costs incurred by Contractor arising from the damage.

10.5.6 Owner shall have the right to self-insure against the risks covered in Subparagraphs 10.5.1 and 10.5.4 upon providing evidence satisfactory to Contractor of the ability to so self-insure.

10.6. PROPERTY INSURANCE LOSS ADJUSTMENT

10.6.1 Any insured loss shall be adjusted with Owner and Contractor and made payable to Owner and Contractor as trustees for the insureds, as their interests may appear, subject to any applicable mortgagee clause.

10.6.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account and the trustees shall make distribution in accordance with the agreement of the parties in interest, or in the absence of such agreement, in accordance with such dispute resolution, if any, as herein provided.

10.7 WAIVER OF SUBROGATION

10.7.1 Owner and Contractor waive all rights against each other, the Architect/Engineer, and any of their respective employees, agents, consultants, Subcontractors, Material Suppliers and Sub-subcontractors, for damages covered by the insurance provided pursuant to Paragraph 10.5 to the extent they are covered by that insurance, except such rights as they may have to the proceeds of such insurance held by Owner and Contractor as trustees. Contractor shall require similar waivers from the Architect/Engineer and all Subcontractors, and shall require each of them to include similar waivers in their sub subcontracts and consulting agreements.

10.7.2 Owner waives subrogation against Contractor, Architect/Engineer, Subcontractors, Material Suppliers and Sub-subcontractors on all property and consequential loss policies carried by Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion.

10.7.3 The policies shall also be endorsed to state that the carrier waives any right of Subrogation against Contractor, the Architect/Engineer, Subcontractors, Material Suppliers, or Sub-subcontractors.

10.8 MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Owner and Contractor agree to waive all claims against the other for all consequential damages that may arise out of or relate to this Agreement. Owner agrees to waive damages including but not limited to Owner’s loss of use of the Property, all rental expenses incurred, loss of services of employees, or loss of reputation. Contractor agrees to waive damages including but not limited to the loss of business, loss of financing, principal office overhead and profits, loss of profits not related to this Project, or loss of reputation. This Paragraph shall not be construed to preclude contractual provisions for liquidated damages when’ such provisions relate to direct damages only. The provisions of this Paragraph shall govern the termination of this Agreement and shall survive such termination.

10.9 BONDING

10.9.1 Performance and Payment Bonds are not required of Contractor unless otherwise specified in this Agreement.