Colacurcio Brothers, Inc. 2/26/2025

CITY OF EVERETT SPECIAL PROVISIONS Division 1 Everett Mall Bus Platform General Requirements December 2024 WO No – MALLSTN/24462 SP-55 H. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of Contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. I. Allcosts for insurance shall be included in the unit or lump sum prices of the Contract and no additional payment will be made. J. The Contractor waives all rights against the City and its separate contractors, and their agents and employees, for damages caused by fire or other perils to the extent such damage cost is actually paid by property insurance applicable to the Work. The Contractor shall require similar waivers from all Subcontractors. K. The City may utilize third-party contractor(s), software and/or websites for uploading and verification of the Contractor’s insurance. The Contractor will provide (by upload or otherwise as directed by the City) insurance information and documentation as may be required by such third-party. No statement on a third-party website (such as a Trustlayer) that a requirement is “waived” or “overridden” is a waiver of Contractor’s obligations to fulfill the requirements of this Section. 1-07.18(2) Additional Insured All insurance policies, with the exception of Professional Liability and Workers Compensation, shall name the following listed entities as additional insured(s): The City and its elected officials, officers, employees, agents, and volunteers The above-listed persons shall be additional insured(s) for the full available limits of liability maintained by the Contractor, whether primary, excess, contingent or otherwise, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) of this section describes limits lower than those maintained by the Contractor. 1-07.18(3) Subcontractors Contractor shall ensure that each Subcontractor of every tier obtains and maintains at a minimum the insurance coverages listed in 1-07.18(5)A and 1-07.18(5)B of this section. Upon request of the City, the Contractor shall provide evidence of such insurance as required in 1-07.18(4). 1-07.18(4) Evidence of Insurance The Contractor shall deliver to the City a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the signed Contract for the Work. The certificate and endorsements shall conform to the following requirements: An ACORD certificate or a form determined by the City to be equivalent. The Description of Operations in the certificate must read as: “All policies of insurance, except workers compensation, are endorsed to name the City of Everett, its elected officials, officers, employees, agents, and volunteers as additional insured(s). All such insurance is primary as respects the City of Everett, and any other insurance maintained