Init.
None of the requirements as to types and limits to be maintained by Contractor are intended to and shall not in any
manner limit or qualify the liabilities and obligations assumed by Contractor under this contract. The Owgner shall
not maintain any insurance on behalf of Contractor. Subcontractors are subject to the same insurance requirements as
Contractor and it shall be the Contractor’s responsibility to ensure compliance of this requirement.
The parties agree that Contractor shall have the status of and shall perform all work under this contract as an
independent contractor, maintaining control over all its consultants, sub consultants, contractors, or subcontractors.
The only contractual relationship created by this contract is between the Owner and Contractor, and nothing in this
contract shall create any contractual relationship between the Owner and Contractor’s consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Contractor is not the Owner’s employee and that there shall
be no:
(1) Withholding of income taxes by the Owner:
(2) Industrial insurance coverage provided by the Owner;
(3) Participation in group insurance plans which may be available to employees of the Owner;
(4) Participation or contributions by either the independent contractor or the Owner to the public employee’s
retirement system;
(5) Accumulation of vacation leave or sick leave provided by the Owner;
(6) Unemployment compensation coverage provided by the Owner.
" All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.
= Ifaggregate limits of less than $2,000,000 are imposed on bodily injury and property damage, Contractor
must maintain umbrella liability insurance of at least $1,000,000. All aggregates must be fully disclosed on
the required certificate of insurance.
" The specified insurance requirements do not relieve Contractor of its responsibilities or limit the amount of
its liability to the Owner or other persons, and Contractor is encouraged to purchase such additional
insurance, as it deems necessary.
® The insurance provided herein is primary, and no insurance held or owned by the Owner shall be called upon
to contribute to a loss.
§ 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include
(1) the Owner, the Architect and the Architect’s consultants as additional insureds for claims caused in whole or in part
by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional
insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s
completed operations.
§ 11.2 OWNER’S LIABILITY INSURANCE
The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance.
§ 11.3 PROPERTY INSURANCE
§ 11.3.1 Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully
authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s
risk “all-risk” or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract
Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the
site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless
otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are
beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or
entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered,
whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and
Sub-subcontractors in the Project.
§ 11.3.1.1 Property insurance shall be on an “all-risk" or equivalent policy form and shall include, without limitation,
insurance against the perils of fire (with extended coverage) and physical loss or damage including, without
duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework,
testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any
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User Notes: (1145984853)
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