Absher/Stellar J Joint Venture 12/8/2025

City of Everett 00 72 00 - 56 Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 00 72 00 - 56 GENERAL CONDITIONS 15.3.11 Failure to Procure and Maintain Insurance Failure on the part of the Contractor to obtain, maintain and deliver the policy or policies (in whole or in part) and receipt or receipts as required shall constitute a material breach of Contract. After giving five (5) working days notice to the Contractor to correct the breach, the Owner may, in its sole discretion and option: (a) immediately terminate the Contract; (b) procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Owner on demand, or, at the sole discretion of the Owner, offset against funds due the Contractor from the Owner; (c) withhold progress payments (in whole or in part); and (d) avail itself of any other remedy at law, in equity, or allowed by Contract. These remedies are cumulative and not exclusive. The Contractor hereby appoints the Owner its true and lawful attorney, to do the things necessary for the purpose of procuring or renewing insurance as provided herein. Failure of the Owner to obtain such insurance shall in no way relieve the Contractor of its responsibilities under this Contract. 15.3.12 Cancellation The Owner shall be given at least thirty (30) days prior written Notice of any cancellation, non-renewal, or other material change in any insurance policy. Owner acknowledges that the Contractor’s Worker’s Compensation/Employer’s Liability insurance cannot be endorsed or amended to provide the Owner with prior Notice of material changes. 15.3.13 Evidence of Insurance The Contractor shall deliver the executed Contract for the Work to the Owner together with a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth above. The certificate must conform to the following requirements: 1. An ACORD certificate Form 25-S, or equivalent, showing the insuring company, policy effective dates, limits of liability and the schedule of Forms and Endorsements. 2. A copy of either: (a) the endorsement naming Owner elected officials, officers, employees, agents, and volunteers and any other entities required by the Contract Documents as Additional Insured(s), and stating that coverage is primary and non-contributory, showing the policy number, and signed by an authorized representative of the insurance company on Form CG2010 (ISO) or equivalent; or (b) the blanket additional insured policy provision. 3. A copy of an endorsement stating that the coverage provided by this policy to the Owner or any other named insured shall not be canceled, not renewed or materially changed without providing at least thirty (30) days prior written Notice to the Owner. 4. The certificate(s) shall not contain the following or similar wording regarding cancellation notification to the Owner. “Failure to mail such Notice shall impose no obligation or liability of any kind upon the company.” 5. The certificate(s) shall not contain the phrase “endeavor to”, or any substantially similar phrase, regarding issuance of written Notice of cancellation of the policies prior to their expiration dates. 6. 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 by the City of Everett is excess and not contributing. The City of Everett will be given at least thirty (30) days prior written notice of any cancellation, non-renewal, or other material change in any insurance policy.” 7. Receipt by the City or the City’s designee of any certificate or other insurance document showing less coverage than required is not a waiver of Contractor’s obligations to fulfill the requirements of this Section. 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.