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CITY OF EVERETT PUBLIC WORKS 00 72 13 1 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> I. 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 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 I <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 /> 3. These remedies are cumulative and not exclusive. <br /> 4. The Contractor hereby appoints the Owner its true and lawful attorney, to do the things <br /> necessary for the purpose of procuring or renewing insurance as provided herein. <br /> 5. Failure of the Owner to obtain such insurance shall in no way relieve the Contractor of its <br /> responsibilities under this Contract. <br /> L. Cancellation <br /> 1. The Owner shall be given at least 45 days prior written Notice of any cancellation, non- <br /> renewal,or other material change in any insurance policy. <br /> 2. Owner acknowledges that the Contractor's Worker's Compensation/Employer's Liability <br /> insurance cannot be endorsed or amended to provide the Owner with prior Notice of material <br /> changes. <br /> M. Evidence of Insurance <br /> 1. The Contractor shall deliver the executed Contract for the Work to the Owner together with <br /> a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the <br /> requirements set forth above. <br /> 2. The certificate must conform to the following requirements: <br /> a. An ACORD certificate Form 25-S,or equivalent,showing the insuring company,policy <br /> effective dates,limits of liability and the schedule of Forms and Endorsements. <br /> b. A copy of either: (a)the endorsement naming Owner and any other entities required by <br /> the Special Provisions as Additional Insured(s),and stating that coverage is primary and <br /> non-contributory, showing the policy number, and signed by an authorized <br /> THREE LAKES VALVE BYPASS July 19, 2017 , <br /> WO#UP3611 00 72 13 -62 <br />