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1 <br /> CITY OF EVERETT PUBLIC WORKS DOCUMENT 00 72 13 ' <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> G. Assumption of Risk , <br /> 1. Contractor hereby assumes all risk of damage to its property, or injury to its officers, <br /> directors, agents, contractors, or invitees, in or about the Property from any cause, and <br /> hereby waives all claims against the Owner. <br /> 2. The Contractor further waives, with respect to the Owner only, its immunity under RCW <br /> Title 51,Industrial Insurance. <br /> H. Cost Included in Price <br /> 1. All costs for insurance shall be incidental to and included in the unit contract prices or lump <br /> sum price of the Contract and no additional payment will be made for required insurance. <br /> I. Subcontractors <br /> 1. Contractor shall furnish separate evidence of insurance as stated above for each <br /> Subcontractor or shall include all Subcontractors as insureds under its policies. <br /> 2. All coverage for Subcontractors shall be subject to all the requirements stated herein and <br /> applicable to their profession. <br /> 3. If Contractor does not include Subcontractors as insured under Contractor's own insurance <br /> policies, Contractor shall be responsible for assuring that all Subcontractors obtain all <br /> insurance as required by this Agreement and that the Owner be specifically endorsed as an <br /> additional insured on such insurance. <br /> J. No Work Until Insurance Requirements Met , <br /> 1. Neither the Contractor nor any of its subcontractors shall begin work under the Contract <br /> until all required insurance has been obtained and approved by the Owner, irrespective of <br /> whether a Notice to Proceed has been issued. <br /> 2. Working or calendar days will be charged against Contract Time from the date specified in <br /> the Notice to Proceed(or the date of the Notice to Proceed, if no start date is specified in the <br /> Notice to Proceed), and will not be suspended or not charged if insurance requirements are <br /> not fulfilled. <br /> 3. Purchase of appropriate insurance and providing satisfactory evidence of required insurance <br /> is wholly the obligation of the Contractor, and any Delay that is not the fault of the Owner <br /> shall be attributed to the Contractor. <br /> K. Failure to Procure and Maintain Insurance , <br /> 1. Failure on the part of the Contractor to obtain,maintain and deliver the policy or policies (in <br /> whole or in part) and receipt or receipts as required shall constitute a material breach of <br /> Contract. <br /> 2. After giving five (5) working days notice to the Contractor to correct the breach,the Owner <br /> may,in its sole discretion and option: <br /> a. immediately terminate the Contract; <br /> b. procure or renew such insurance and pay any and all premiums in connection therewith, <br /> with any sums so expended to be repaid to the Owner on demand, or, at the sole <br /> discretion of the Owner,offset against funds due the Contractor from the Owner; <br /> c. withhold progress payments(in whole or in part); and <br /> d. avail itself of any other remedy at law,in equity,or allowed by Contract. <br /> PSO6 REROUTE 007213 -64 <br /> WO NO.—UP3583 MAY 2016 <br />