2009/04/01 Council Agenda Packet

1. Workers' Compensation Insurance as required by Washington law and Employer's Liability Insurance with limits not less than$1,000,000 per occurrence. 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 (including 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. 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 Artist to furnish the required insurance during the term of this Agreement. C. Upon written request by the City, the insurer or its 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 a Subcontractor performing any Work, the Subcontractor must provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the required insurance. The Subcontractor must provide the City with either (1) a true copy of an endorsement naming the City of Everett, Community Transit, and their 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 and that such insurance shall apply as primary insurance on behalf of such Additional Insureds or (2) a true copy of the blanket additional insured clause from the policies. Receipt by the City of any certificate showing less coverage than required is not a waiver of the Subcontractor's obligations to fulfill these requirements. E. Artist 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. Artist shall comply with the provisions of Title 51 of the Revised Code of Washington before commencing the performance of the Work. Artist shall provide the City with evidence of Workers' 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 Artist, such types of insurance in the name of the Artist or Subcontractor, 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 Artist under this Agreement or may demand Artist to promptly reimburse the City for such cost.