Interwest Construction Inc 12/27/2018

' CITY OF EVER ETT SPECIAL PROVISIONS I1-07.18(5)F Pollution Liability The Contractor shall provide a Pollution Liability policy, providing coverage for I claims involving bodily injury, property damage (including loss of use of tangible property that has not been physically injured), cleanup costs, remediation, disposal or other handling of pollutants, including costs and expenses incurred in I the investigation, defense, or settlement of claims arising out of: Contractor's operations related to this project; Remediation, abatement, repair, maintenance or other work with lead-based paint I or materials containing asbestos; and Transportation of hazardous materials away from any site related to this project. Such Pollution Liability policy shall provide the following minimum coverage: I $2,000,000 each loss and annual aggregate 1-07.18(5)G Professional Liability I The Contractor, its Subcontractor and its design consultant providing construction management, value engineering, or other design-related non-construction professional services shall provide evidence of Professional Liability insurance ' covering professional errors and omissions. Such policy shall provide the following minimum limits: $2,000,000 per Claim I If the scope of such design-related professional services includes work related to pollution conditions; the Professional Liability insurance shall include Pollution Liability coverage. I If insurance is on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. 1-07.18(5)H Builder's Risk I If the Project includes construction of a structure, the Contractor shall maintain property insurance under an "All Risk Builder's Risk" form in an amount equal to the value of the structure in a form acceptable to the City. The structure shall I have All Risk Builder's Risk Insurance inclusive of earthquake and flood subject to customary industry deductibles. 1-07.20 Patented Devices, Materials, and Processes IDelete the first paragraph of 1-07.20 and substitute the following: The Contractor shall assume all costs arising from the use of patented devices, materials, or processes used on or incorporated in the Work, and agrees to indemnify, I defend, and save harmless the City, and its officers, employees and agents from all actions of any nature for, or on account of the use of any patented devices, materials, or processes. 1 1-07.23 Public Convenience and Safety Delete the last sentence of the first paragraph of 1-07.23 and substitute the following: I Nothing contained in this Contract is intended to create any third-party beneficiary rights in favor of the public or any individual utilizing the facilities being constructed or improved under this Contract. I 1-07.23(1) Construction Under Traffic Revise the third sentence of the second paragraph to read as follows: I Watermain Replacement"T" Division 1 —GENERAL REQUIREMENTS October 10, 2018 I WO No—UP3684 SP—91