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I <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <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 /> 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 /> I responsibilities under this Contract. <br /> L. Cancellation <br /> 1. The Owner shall be given at least forty-five (45) days prior written Notice of any <br /> cancellation,non-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 /> I. 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 /> representative of the insurance company on Form CG2010 (ISO) or equivalent; or (b) <br /> the blanket additional insured policy provision. <br /> c. A copy of an endorsement stating that the coverage provided by this policy to the <br /> Owner or any other named insured shall not be canceled, not renewed or materially <br /> changed without providing at least forty-five (45) days prior written Notice to the <br /> Owner. <br /> d. The certificate(s) shall not contain the following or similar wording regarding <br /> cancellation notification to the Owner. "Failure to mail such Notice shall impose no <br /> obligation or liability of any kind upon the company." <br /> e. The certificate(s) shall not contain the phrase"endeavor to", or any substantially similar <br /> phrase, regarding issuance of written Notice of cancellation of the policies prior to their <br /> expiration dates. <br /> I <br /> Legion Golf Course Stormwater Detention Project November 28, 2017 <br /> WO#UP3620 00 72 13 -63 <br />