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I <br /> I Sprint City of Everett, Traffic Division <br /> 2210 S. 35th Street Public Works Department <br /> Tacoma, WA 98409 3200 Cedar Street <br /> I Cell: 360-402-4159 Everett, Washington 98201 <br /> Email: Steven.Schauer@Sprint.com Attn: Tim Miller <br /> Tel. (425) 257-8977 <br /> I 1 <br /> 2 1-07.18 Public Liability and Property Damage Insurance <br /> 3 Delete this section in its entirety, and replace it with the following: <br /> 14 <br /> 5 1-07.18 Insurance <br /> 6 <br /> 7 1-07.18(1) General Requirements <br /> I8 A. The Contractor shall obtain the insurance described in this section from insurers <br /> 9 approved by the State Insurance Commissioner pursuant to RCW Title 48. The <br /> 10 insurance must be provided by an insurer with a rating of A-: VII or higher in the A.M. <br /> 11 Best's Key Rating Guide, which is licensed to do business in the state of Washington (or <br /> 12 issued as a surplus line by a Washington Surplus lines broker). The Contracting Agency <br /> 13 reserves the right to approve or reject the insurance provided, based on the insurer <br /> I 14 (including financial condition), terms and coverage, the Certificate of Insurance, and/or <br /> 15 endorsements. <br /> 16 B. The Contractor shall keep this insurance in force during the term of the contract and for <br /> 17 thirty (30) days after the Physical Completion date, unless otherwise indicated (see C. <br /> 18 below). <br /> 19 C. If any insurance policy is written on a claims made form, its retroactive date, and that of <br /> I 20 all subsequent renewals, shall be no later than the effective date of this Contract. The <br /> 21 policy shall state that coverage is claims made, and state the retroactive date. Claims- <br /> 22 made form coverage shall be maintained by the Contractor for a minimum of 36 months <br /> I 23 following the Final Completion or earlier termination of this contract, and the Contractor <br /> 24 shall annually provide the Contracting Agency with proof of renewal. If renewal of the <br /> 25 claims made form of coverage becomes unavailable, or economically prohibitive, the <br /> I 26 Contractor shall purchase an extended reporting period ("tail") or execute another form <br /> 27 of guarantee acceptable to the Contracting Agency to assure financial responsibility for <br /> 28 liability for services performed. <br /> I 29 D. The insurance policies shall contain a "cross liability" provision. <br /> 30 E. The Contractor's and all subcontractors' insurance coverage shall be primary and non- <br /> 31 contributory insurance as respects the Contracting Agency's insurance, self-insurance, <br /> I 32 or insurance pool coverage. <br /> 33 F. All insurance policies and Certificates of Insurance shall include a requirement providing <br /> 34 for a minimum of 30 days prior written notice to the Contracting Agency of any <br /> I 35 cancellation in any insurance policy. <br /> 36 G. Upon request, the Contractor shall forward to the Contracting Agency a full and certified <br /> 37 copy of the insurance policy(s). <br /> I 38 H. The Contractor shall not begin work under the contract until the required insurance has <br /> 39 been obtained and approved by the Contracting Agency. <br /> 40 I. Failure on the part of the Contractor to maintain the insurance as required shall <br /> I 41 constitute a material breach of contract, upon which the Contracting Agency may, after <br /> 42 giving five business days notice to the Contractor to correct the breach, immediately <br /> 43 terminate the contract or, at its discretion, procure or renew such insurance and pay any <br /> 1 44 and all premiums in connection therewith, with any sums so expended to be repaid to <br /> IRIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 49 <br />