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General Provisions - 1 <br />ATTACHMENT TO GENERAL PROVISIONS <br />PROFESSIONAL SERVICES AGREEMENT <br />(INSURANCE REQUIREMENTS) <br />A. Service Provider shall comply with the following conditions and procure and keep in force during the <br />term of this Agreement, at Service Provider’s own cost and expense, the policies of insurance as set forth in this <br />Section with companies authorized to do business in the State of Washington, which are rated at least “A-” or better <br />and with a numerical rating of no less than seven (7), by A.M. Best Company and which are acceptable to the City. <br />1. Workers’ Compensation Insurance as required by Washington law and Employer’s <br />Liability Insurance with limits not less than $1,000,000 per occurrence. If the City authorizes sublet work, Service <br />Provider shall require each subcontractor to provide Workers’ Compensation Insurance for its employees, unless <br />Service Provider covers such employees. <br />2. Commercial General Liability (CGL) Insurance on an occurrence basis in an amount not <br />less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate, including but not limited to: <br />premises/operations (including off-site operations), blanket contractual liability and broad form property damage. <br />B. The above CGL liability policy shall be primary as to the City and shall contain a provision that the policy <br />shall not be canceled or materially changed without 30 days prior written notice to the City. No cancellation <br />provision in any insurance policy shall be construed in derogation of the continuous duty of Service Provider to <br />furnish the required insurance during the term of this Agreement. <br />C. Upon written request by the City, the insurer or its agent will furnish, prior to or during any Work being <br />performed, a copy of any policy cited above, certified to be a true and complete copy of the original. <br />D. The Description of Operations on the Certificate of Insurance must substantially read as follows: "The <br />above commercial general and auto liability policies are primary as to the City of Everett; have the City of Everett, <br />its officers, employees, agents, and volunteers as additional insureds; and contain a provision that the policy shall <br />not be canceled or materially changed without 30 days prior written notice to the City of Everett." <br />E. Prior to Service Provider performing any Work, Service Provider shall provide the City or the City’s <br />designee with a Certificate of Insurance acceptable to the City Attorney evidencing the required insurance. Service <br />Provider shall provide the City or the City’s designee with either (1) a true copy of an endorsement naming the City <br />of Everett, its officers, employees, agents and volunteers as Additional Insureds on the Commercial General Liability <br />Insurance policy with respect to the operations performed and services provided under this Agreement and that <br />such insurance shall apply as primary insurance on behalf of such Additional Insureds or (2) a true copy of the blanket <br />additional insured clause from the policies. Receipt by the City or the City’s designee of any certificate showing less <br />coverage than required is not a waiver of Service Provider’s obligations to fulfill the requirements of this Section. No <br />statement on a third-party website (such as a Trustlayer) that a requirement is “waived” or “overridden” is a waiver <br />of Service Provider’s obligations to fulfill the requirements of this Section. <br />F. Service Provider certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington <br />that requires every employer to be insured against liability of Workers’ Compensation, or to undertake self-insurance <br />in accordance with the provisions of that Title. Service Provider shall comply with the provisions of Title 51 of the <br />Revised Code of Washington before commencing the performance of the Work. Service Provider shall provide the <br />City with evidence of Workers’ Compensation Insurance (or evidence of qualified self-insurance) before any Work is <br />commenced. <br />G. In case of the breach of any provision of this Section, the City may, at its option and with no obligation <br />to do so, provide and maintain at the expense of Service Provider, such types of insurance in the name of Service <br />Provider, and with such insurers, as the City may deem proper, and may deduct the cost of providing and maintaining <br />such insurance from any sums which may be found or become due to Service Provider under this Agreement or may <br />demand Service Provider to promptly reimburse the City for such cost. <br />