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CITY OF EVERETT SPECIAL PROVISIONS <br />3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 <br />WO No – UP3775 SP – 86 <br />1-07.18(5)G Professional Liability <br />The Contractor, its Subcontractor and its design consultant providing construction <br />management, value engineering, or other design-related non-construction <br />professional services shall provide evidence of Professional Liability insurance <br />covering professional errors and omissions. Such policy shall provide the following <br />minimum limits: <br />$2,000,000 per Claim <br />If the scope of such design-related professional services includes work related to <br />pollution conditions, the Professional Liability insurance shall include Pollution <br />Liability coverage. <br />If insurance is on a claims made form, its retroactive date, and that of all subsequent <br />renewals, shall be no later than the effective date of this Contract. <br />1-07.18(5)H Builder’s Risk <br />If the Project includes construction of a structure, the Contractor shall procure and <br />maintain during the life of the Contract, or until acceptance of the project by the City, <br />whichever is longer, “All Risk” Builders Risk or Installation Floater Insurance at least <br />as broad as ISO form number CP0020 (Builders Risk Coverage Form) with ISO <br />form number CP0030 (Causes of Loss – Special Form) including coverage for <br />collapse, theft, off -site storage and property in transit. The coverage shall insure for <br />direct physical loss to property of the entire construction project, for 100% of the <br />replacement value thereof and include earthquake. The policy shall be endorsed to <br />cover the interests, as they may appear, of the City, Contractor and subcontractors <br />of all tiers with the City and sub-contractors listed as a Named Insured. In the event <br />of a loss to any or all of the work and/or materials therein and/or to be provided at <br />any time prior to the final close-out of the Contract and acceptance of the project by <br />the City, the Contractor shall promptly reconstruct, repair, replace or restore all work <br />and/or materials so destroyed. Nothing herein provided for shall in any way excuse <br />the Contractor or its surety from the obligation of furnishing all the required materials <br />and completing the work in full compliance with the terms of the Contract. <br />1-07.20 Patented Devices, Materials, and Processes <br />Delete the first paragraph of 1-07.20 and substitute the following: <br />The Contractor shall assume all costs arising from the use of patented devices, <br />materials, or processes used on or incorporated in the Work, and agrees to indemnify, <br />defend, and save harmless the City, and its officers, employees and agents from all <br />actions of any nature for, or on account of the use of any patented devices, materials, or <br />processes. <br />1-07.23 Public Convenience and Safety <br />Delete the last sentence of the first paragraph of 1-07.23 and substitute the following: <br />Nothing contained in this Contract is intended to create any third-party beneficiary rights <br />in favor of the public or any individual utilizing the facilities being constructed or improved <br />under this Contract. <br />1-07.23(1) Construction Under Traffic <br />Revise the third sentence of the second paragraph to read as follows: <br />Do NOT impair accessibility to existing or temporary pedestrian push buttons. City <br />may allow activating pedestrian recall timing or other accommodations during <br />construction. <br />Supplement 1-07.23(1) by adding the following: