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CITY OF EVERETT SPECIAL PROVISIONS <br />LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 <br />WO No – UP3529 SP – 91 <br />1-07.18 Insurance <br />(******) <br />1-07.18(1) General Requirements <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 <br />and for 30 calendar days after the Physical Completion date, unless otherwise indicated <br />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 minimum <br />of 36 months following the Final Completion or earlier termination of this Contract, and <br />the Contractor shall annually provide the City with proof of renewal. If renewal of the <br />claims made form of coverage becomes unavailable, or economically prohibitive, the <br />Contractor shall purchase an extended reporting period, “tail”, or execute another form <br />of guarantee acceptable to the City to assure financial responsibility for liability for <br />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 insurance <br />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 />J. The Contractor waives all rights against the City and its separate contractors, and <br />their agents and employees, for damages caused by fire or other perils to the extent <br />such damage cost is actually paid by property insurance applicable to the Work. The <br />Contractor shall require similar waivers from all Subcontractors. <br />H. The City may utilize third-party contractor(s), software and/or websites for <br />uploading and verification of the Contractor’s insurance. The Contractor will provide (by