2008/08/06 Council Agenda Packet

All required coverages shall remain in force for claims arising out of, or alleged to arise out of,the Work for at least six years after substantial completion of the Work. 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 claim and $2,000,000 in the annual aggregate. Such coverage may be written on a claims made basis. All required coverages shall remain in force for claims arising out of, or alleged to arise out of,the Work for at least six years after final completion of the Work. 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 and OliverMcMillan, L.L.C. ("OM"). 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 terms 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, and OM, its officers, employees and agents as Additional Insureds on the Commercial General Liability Insurance policy, 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 and any insurance purchased by Additional Insureds shall not contribute with such insurance. 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. In the event that Contractor's Professional Errors and Omissions Insurance is terminated, Contractor shall obtain extended reporting or discovery period coverage for a period of not less than 36 months following expiration of the policy. 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 the 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 Worker's Compensation Insurance(or evidence of qualified self-insurance)before any Work is commenced. G. In case of the breach of any provision of this section, the City may, at its option and with no obligation to do so, provide and maintain at the expense of Contractor, such types of insurance in the name of the Contractor, and with such insurers, as the City may deem proper, and may deduct the cost of providing and maintaining such insurance from any sums which may be found or become due to Contractor under this Agreement or may demand Contractor to promptly reimburse the City for such cost. H. Contractor's insurance obligations will survive termination or expiration of this contract. I. If, and to the extent, Contractor employs or engages subconsultants or subcontractors, then Contractor shall ensure that each such subconsultant and subcontractor (and subsequent tiers of subconsultants and subcontractors) complies with the obligations to procure and keep in force insurance 15