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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> This requirement may be satisfied instead through the Contractor's primary <br /> Commercial General and Automobile Liability coverage, or any combination <br /> thereof. <br /> 1-07.18(5)F Pollution Liability <br /> The Contractor shall provide a Pollution Liability policy, providing coverage for <br /> claims involving bodily injury, property damage (including loss of use of tangible <br /> property that has not been physically injured), cleanup costs, remediation, <br /> disposal or other handling of pollutants, including costs and expenses incurred in <br /> the investigation, defense, or settlement of claims arising out of: <br /> Contractor's operations related to this project; <br /> Remediation, abatement, repair, maintenance or other work with lead-based paint <br /> or materials containing asbestos; and <br /> Transportation of hazardous materials away from any site related to this project. <br /> Such Pollution Liability policy shall provide the following minimum coverage: <br /> $2,000,000 each loss and annual aggregate <br /> 1-07.18(5)G Professional Liability <br /> The Contractor, its Subcontractor and its design consultant providing construction , <br /> management, value engineering, or other design-related non-construction <br /> professional services shall provide evidence of Professional Liability insurance <br /> covering professional errors and omissions. Such policy shall provide the <br /> following minimum limits: <br /> $2,000,000 per Claim <br /> If the scope of such design-related professional services includes work related to <br /> pollution conditions, the Professional Liability insurance shall include Pollution <br /> Liability coverage. <br /> If insurance is on a claims made form, its retroactive date, and that of all <br /> subsequent renewals, shall be no later than the effective date of this Contract. <br /> 1-07.18(5)H Builder's Risk <br /> If the Project includes construction of a structure, the Contractor shall maintain <br /> property insurance under an "All Risk Builder's Risk" form in an amount equal to <br /> the value of the structure in a form acceptable to the City. The structure shall <br /> have All Risk Builder's Risk Insurance inclusive of earthquake and flood subject to <br /> customary industry deductibles. <br /> 1-07.20 Patented Devices, Materials, and Processes <br /> Delete the first paragraph of 1-07.20 and substitute the following: <br /> The Contractor shall assume all costs arising from the use of patented devices, <br /> materials, or processes used on or incorporated in the Work, and agrees to indemnify, <br /> defend, and save harmless the City, and its officers, employees and agents from all <br /> actions of any nature for, or on account of the use of any patented devices, materials, <br /> or processes. <br /> 1-07.23 Public Convenience and Safety <br /> Delete the last sentence of the first paragraph of 1-07.23 and substitute the following: <br /> Nothing contained in this Contract is intended to create any third-party beneficiary <br /> rights in favor of the public or any individual utilizing the facilities being constructed or <br /> 111 <br /> improved under this Contract. <br /> Water Main Replacement"0" Division 1 —GENERAL REQUIREMENTS February 9, 2018 <br /> -Evergreen Way Rebid <br /> WO No—UP3612 SP—86 <br /> I <br />