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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 100 <br />E. The Contractor’s and all subcontractors’ insurance coverage shall be primary and <br />non-contributory insurance as respects the City’s insurance, self-insurance, or insurance <br />pool coverage. <br />F. All insurance policies and Certificates of Insurance shall include a requirement <br />providing for a minimum of 30 days prior written notice to the City of any cancellation in <br />any insurance policy. <br />G. Upon request, the Contractor shall forward to the City a full and certified copy of <br />the insurance policy(s). The Contractor shall not begin Work under the Contract until <br />the required insurance has been obtained and approved by the City. <br />H. Failure on the part of the Contractor to maintain the insurance as required shall <br />constitute a material breach of Contract, upon which the City may, after giving five <br />business days notice to the Contractor to correct the breach, immediately terminate the <br />Contract or, at its discretion, 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 City <br />on demand, or at the sole discretion of the City, offset against funds due the Contractor <br />from the City. <br />I. All costs for insurance shall be included in the unit or lump sum prices of the <br />Contract and no additional payment will be made. <br />J. The Contractor waives all rights against the City and its separate contractors, and <br />their agents and employees, for damages caused by fire or other perils to the extent <br />such damage cost is actually paid by property insurance applicable to the Work. The <br />Contractor shall require similar waivers from all Subcontractors. <br />K. The City may utilize third-party contractor(s), software and/or websites for <br />uploading and verification of the Contractor’s insurance. The Contractor will provide (by <br />upload or otherwise as directed by the City) insurance information and documentation <br />as may be required by such third-party. <br />1-07.18(2) Additional Insured <br />All insurance policies, with the exception of Professional Liability and Workers <br />Compensation, shall name the following listed entities as additional insured(s): <br />· The City and its officers, elected officials, employees, agents, and volunteers <br />The above-listed entities shall be additional insured(s) for the full available limits of <br />liability maintained by the Contractor, whether primary, excess, contingent or otherwise, <br />irrespective of whether such limits maintained by the Contractor are greater than those <br />required by this Contract, and irrespective of whether the Certificate of Insurance <br />provided by the Contractor pursuant to 1-07.18(4) of this section describes limits lower <br />than those maintained by the Contractor. <br />1-07.18(3) Subcontractors <br />Contractor shall ensure that each Subcontractor of every tier obtains and maintains at a <br />minimum the insurance coverages listed in 1-07.18(5)A and 1-07.18(5)B of this section. <br />Upon request of the City, the Contractor shall provide evidence of such insurance as <br />required in 1-07.18(4). <br />1-07.18(4) Evidence of Insurance <br />The Contractor shall deliver to the City a Certificate(s) of Insurance and endorsements <br />for each policy of insurance meeting the requirements set forth herein when the <br />Contractor delivers the signed Contract for the Work. The certificate and endorsements <br />shall conform to the following requirements: <br />An ACORD certificate or a form determined by the City to be equivalent.