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12 <br /> subconsultants and subcontractors) shall expressly agree to defend and indemnify the City to the extent <br /> and on the same terms and conditions as CH2M Hill pursuant to this paragraph. <br /> 11. Insurance. <br /> A. CH2M Hill shall comply with the following conditions and procure and keep in force during <br /> the term of this Agreement, at CH2M Hill'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, CH2M Hill shall require each subcontractor to provide Workers' Compensation <br /> Insurance for its employees, unless CH2M Hill 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 Ieast $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 <br /> in 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 CH2M Hill 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 CH2M Hill 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; provided, however, that the City shall treat such copy as proprietary and confidential <br /> property of CH2M Hill, and shall not voluntarily disclose or produce such copy to third parties <br /> without good cause. CH2M Hill acknowledges that the City is subject to public disclosure laws. If a <br /> request for disclosure is made to the City, the City shall use reasonable efforts to notify CH2M Hill of <br /> such request so that CH2M Hill may contest disclosure, if CH2M Hill chooses to do so. <br /> D. Prior to CH2M Hill performing any Work, CH2M Hill shall provide the City with a <br /> Certificate of Insurance acceptable to the City Attorney evidencing the above-required insurance and <br /> naming the City of Everett, its officers, employees and agents as Additional Insureds on the <br /> Commercial General Liability Insurance policy and the Business Automobile Liability Insurance policy <br /> with respect to the operations performed and services provided under this Agreement and that such <br /> insurance shall apply as primary insurance on behalf of such Additional Insureds. Receipt by the City <br /> Rev9808 4 38 <br />