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CITY OF EVERETT SPECIAL PROVISIONS [Modified per Addendum #1] <br /> 1-07.18 Public Liability and Property Damage Insurance <br /> Delete 1-07.18 and substitute the following: <br /> 1-07.18 Insurance <br /> 1-07.18(1) General Requirements I <br /> A. The Contractor shall obtain the insurance described in this section from insurers <br /> approved by the State Insurance Commissioner pursuant to RCW Title 48. The <br /> insurance shall be provided by an insurer with a rating of A-: VII or higher in the A.M. <br /> Best's Key Rating Guide, that is licensed to do business in the state of Washington, or <br /> issued as a surplus line by a Washington Surplus lines broker. The City reserves the <br /> right to approve or reject the insurance provided, based on the insurer (including <br /> financial condition), terms and coverage, the Certificate of Insurance, and <br /> endorsements. <br /> B. The Contractor shall keep this insurance in force during the term of the Contract 1 <br /> and for 30 calendar days after the Physical Completion date, unless otherwise <br /> indicated in 1-07.18(1)C of this section. <br /> C. If any insurance policy is written on a claims made form, its retroactive date, and ' <br /> that of all subsequent renewals, shall be no later than the effective date of this <br /> Contract. The policy shall state that coverage is claims made, and state the retroactive <br /> date. Claims-made form coverage shall be maintained by the Contractor for a <br /> minimum of 36 months following the Final Completion or earlier termination of this <br /> Contract, and the Contractor shall annually provide the City with proof of renewal. If <br /> renewal of the claims made form of coverage becomes unavailable, or economically <br /> prohibitive, the Contractor shall purchase an extended reporting period, "tail", or <br /> execute another form of guarantee acceptable to the City to assure financial <br /> responsibility for liability for services performed. <br /> D. The insurance policies shall contain a "cross liability" provision. <br /> E. The Contractor's and all subcontractors' insurance coverage shall be primary and <br /> non-contributory insurance as respects the City's insurance, self-insurance, or <br /> insurance pool coverage. <br /> F. All insurance policies and Certificates of Insurance shall include a requirement <br /> providing for a minimum of 30 days prior written notice to the City of any cancellation in <br /> any insurance policy. <br /> G. Upon request, the Contractor shall forward to the City a full and certified copy of <br /> the insurance policy(s). The Contractor shall not begin Work under the Contract until <br /> the required insurance has been obtained and approved by the City. <br /> H. Failure on the part of the Contractor to maintain the insurance as required shall <br /> constitute a material breach of Contract, upon which the City may, after giving five <br /> business days notice to the Contractor to correct the breach, immediately terminate the <br /> Contract or, at its discretion, procure or renew such insurance and pay any and all <br /> premiums in connection therewith, with any sums so expended to be repaid to the City <br /> on demand, or at the sole discretion of the City, offset against funds due the Contractor <br /> from the City. <br /> I. All costs for insurance shall be included in the unit or lump sum prices of the <br /> Contract and no additional payment will be made. <br /> 1-07.18(2) Additional Insured <br /> All insurance policies, with the exception of Professional Liability and Workers <br /> Compensation, shall name the following listed entities as additional insured(s): <br /> Sewer 0 Division 1 —GENERAL REQUIREMENTS Addendum No. 1 <br /> WO No—UP3691 SP—92 May 2020 <br />