2023/11/01 Council Agenda Packet

General Provisions - 3 Contractor pursuant to this Section. The provisions of this Section 10 shall survive the expiration or termination of this Contract. 8. Insurance. A. Contractor shall comply with the following conditions and procure and keep in force during the term of this Contract, at Contractor’s own cost and expense, the policies of insurance as set forth in this Section with companies authorized to do business in the State of Washington, which are rated at least “A-” or better and with a numerical rating of no less than seven (7), by A.M. Best Company and which are acceptable to the City. 1. Workers’ Compensation Insurance as required by Washington law and Employer’s Liability Insurance with limits not less than $1,000,000 per occurrence. If the City authorizes sublet work, the Contractor shall require each subcontractor to provide Workers’ Compensation Insurance for its employees, unless the Contractor covers such employees. 2. Commercial General Liability Insurance on an occurrence basis in an amount not less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate, including but not limited to: premises/operations (including off-site operations), blanket contractual liability and broad form property damage. 3. Business Automobile Liability Insurance in an amount not less than $1,000,000 per occurrence, extending to any automobile. A statement certifying that no vehicle will be used in accomplishing this Contract may be substituted for this insurance requirement. 4. Professional Errors and Omissions Insurance in an amount not less than $2,000,000 per occurrence and $2,000,000 in the annual aggregate. Such coverage may be written on a claims made basis. 5. Umbrella/Excess Liability insurance as may be required to demonstrate minimum Commercial General Liability and Business Automobile Liability Insurance total limits are $5,000,000, which may be satisfied with primary limits or any combination of primary and/or Umbrella/Excess limits. B. The above liability policies shall be primary as to the City and shall contain a provision that the policy shall not be canceled or materially changed without 30 days prior written notice to the City. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of the Contractor to furnish the required insurance during the term of this Contract. C. Upon written request by the City, the insurer or its agent will furnish, prior to or during any Work being performed, a copy of any policy cited above, certified to be a true and complete copy of the original. D. The Description of Operations on the Certificate of Insurance must substantially read as follows: "The above commercial general and auto liability policies are primary as to the City of Everett; have the City of Everett, its officers, employees, agents, and volunteers as additional insureds; and contain a provision that the policy shall not be canceled or materially changed without 30 days prior written notice to the City of Everett." E. Prior to the Contractor performing any Work, Contractor shall provide the City or the City’s designee with a Certificate of Insurance acceptable to the City Attorney evidencing the required insurance. Contractor shall provide the City or the City’s designee with either (1) a true copy of an endorsement naming the City of Everett, its officers, employees, agents and volunteers as Additional Insureds on the Commercial General Liability Insurance policy and the Business Automobile Liability Insurance policy with respect to the operations performed and services provided under this Contract and that such insurance shall apply as primary