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2005/04/27 Council Agenda Packet
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2005/04/27 Council Agenda Packet
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Council Agenda Packet
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4/27/2005
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-1 1f <br /> will be used in accomplishing this Agreement may be substituted for this insurance requirement. <br /> 4. Professional Errors and Omissions Insurance in an amount not less than <br /> $1,000,000 per claim and $1,000.000 in the annual aggregate. Such coverage may be written on <br /> a claims made basis. If both parties agree that the Work does not warrant HDR providing <br /> Professional Errors and Omissions Insurance, this paragraph may be stricken and initialed by <br /> both parties. <br /> B. HDR shall give the City notice of any material change in a policy. No <br /> cancellation provision in any insurance policy shall be construed in derogation of the continuous <br /> duty of HDR to furnish the 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 <br /> or during any Work being performed, a copy of any policy cited above, certified to be a true and <br /> complete copy of the original. <br /> D. Prior to HDR performing any Work, HDR shall provide the City with a Certificate <br /> of Insurance acceptable to the City Attorney evidencing the required insurance. HDR shall <br /> provide the City with either(1) a true copy of an endorsement naming the City of Everett, its <br /> officers, employees and agents as Additional Insureds on the Commercial General Liability <br /> Insurance policy and the Business Automobile Liability Insurance policy with respect to the <br /> operations performed and services provided under this Agreement and that such insurance shall <br /> 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 of any certificate showing less <br /> coverage than required is not a waiver of HDR's obligations to fulfill the requirements. <br /> E. If the policy listed in paragraph 11.A.4. above, Professional Errors and Omissions <br /> Insurance, is on a claims made policy form, the retroactive date on the policy shall be the <br /> effective date of this Agreement or prior. The retroactive date of any subsequent renewal of such <br /> policy shall be the same as the original policy provided. The extended reporting or discovery <br /> period on a claims made policy form shall not be less than 36 months following expiration of the <br /> policy. (This paragraph shall not apply if paragraph 11.A.4. above is stricken.) <br /> F. HDR certifies that it is aware of the provisions of Title 51 of the Revised Code of <br /> Washington that requires every employer to be insured against liability of Workers' <br /> Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br /> HDR shall comply with the provisions of Title 51 of the Revised Code of Washington before <br /> commencing the performance of the Work. HDR shall provide the City with evidence of <br /> 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 <br /> and with no obligation to do so,provide and maintain at the expense of HDR, such types of <br /> insurance in the name of HDR, and with such insurers, as the City may deem proper, and may <br /> deduct the cost of providing and maintaining such insurance from any sums which may be found <br /> 88 <br /> Agreement 5 of 8 <br />
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