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3 <br /> Contractor shall ensure that each such subcontractor (and subsequent tiers of subcontractors) shall <br /> expressly agree to defend and indemnify the City to the extent and on the same terms and conditions as <br /> the Contractor pursuant to this section. <br /> 11. Insurance. <br /> A. Contractor shall comply with the following conditions and procure and keep in force during <br /> the term of this Agreement, at Contractor's own cost and expense, the following policies of insurance <br /> with companies authorized to do business in the State of Washington, which are rated at least "A" or <br /> better and with a numerical rating of no less than seven (7), by A.M. Best Company and which are <br /> 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 <br /> sublet work, the Contractor shall require each subcontractor to provide Workers' <br /> Compensation Insurance for its employees, unless the Contractor covers such employees. <br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not less <br /> than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate, including but <br /> not limited to: premises/operations (including off-site operations), blanket contractual liability <br /> and broad form property damage. <br /> 3. Business Automobile Liability Insurance in an amount not less than $1,000,000 per <br /> occurrence, extending to any automobile. A statement certifying that no vehicle will be used in <br /> accomplishing this Agreement may be substituted for this insurance requirement. <br /> 4. Professional Errors and Omissions Insurance in an amount not less than $1,000,000 <br /> per occurrence and $1,000,000 in the annual aggregate. Such coverage may be written on a <br /> claims made basis. If both parties agree that the Work does not warrant Contractor providing <br /> Professional Errors and Omissions Insurance, this paragraph may be stricken and initialed by <br /> both parties. <br /> B. The above liability policies shall contain a provision that the policy shall not be canceled or <br /> materially changed without 30 days prior written notice to the City. No cancellation provision in any <br /> insurance policy shall be construed in derogation of the continuous duty of the Contractor to furnish the <br /> required insurance during the term of this Agreement. <br /> C. Upon written request by the City, the insurer or his/her agent will furnish, prior to or during <br /> any Work being performed, a copy of any policy cited above, certified to be a true and complete copy <br /> of the original. <br /> D. Prior to the Contractor performing any Work, Contractor shall provide the City with a <br /> Certificate of Insurance acceptable to the City Attorney evidencing the above-required insurance and <br /> evidence of an endorsement naming the City of Everett, its officers, employees and agents as <br /> Additional Insureds on the Commercial General Liability Insurance policy and the Business Automobile <br /> Liability Insurance policy with respect to the operations performed and services provided under this <br /> Agreement and that such insurance shall apply as primary insurance on behalf of such Additional <br /> Insureds. Receipt by the City of any certificate showing less coverage than required is not a waiver of <br /> the Contractor's obligations to fulfill the requirements. <br /> Rev9808 4 8 <br />