2005/03/02 Council Agenda Packet

3 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 9including 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 Agreement may be substituted for this insurance requirement. 4. Professional Errors and Omissions Insurance in an amount not less than $1,000,000 per occurrence and$1,000,000 in the annual aggregate. Such coverage may be written on a claims made basis. If both parties agree that the Work does not warrant Contractor providing Professional Errors and Omissions Insurance,this paragraph may be stricken and initialed by both parties. B. The above liability policies 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 Agreement. C. Upon written request by the city,the insurer or his/her 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. Prior to the Contractor performing any Work, Contractor shall provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the above-required insurance and evidence of an endorsement naming the City of Everett, its officers,employees and agents 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 Agreement and that such insurance shall apply as primary insurance on behalf of such Additional Insureds. Receipt by the City of any certificate showing less coverage than required is not a waiver of the Contractor's obligations to fulfill the requirements. E. If the policy listed in paragraph 11.A.4 above, Professional Errors and Omissions Insurance, is on a claims made policy form,the retroactive date on the policy shall be the effective date of this Agreement or prior. The retroactive date of any subsequent renewal of such policy shall be the same as the original policy provided. The extended reporting or discovery period on a claims made policy form shall not be less than 36 months following expiration of the policy. (This paragraph shall not apply if paragraph 11.A.4 above is stricken.) F. Contractor certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington that requires every employer to be insured against liability of Workers' Compensation,or to undertake self-insurance in accordance with the provisions of that Title. Contractor shall comply with the provisions of Title 51 of the Revised Code of Washington before commencing the performance of the Work. Contractor shall provide the City with evidence of Workers' Compensation Insurance(or evidence of qualified self-insurance)before any Work is commenced. INCA Engineers,Inc 1 3