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I <br /> 1-07.18 Public Liability and Property Damage Insurance I' <br /> Delete 1-07.18 and substitute the following: <br /> 1-07.18 Insurance <br /> (******) <br /> 1-07.18(1) General Requirements <br /> A. The Contractor shall obtain the insurance described in this section from insurers approved <br /> by the State Insurance Commissioner pursuant to RCW Title 48. The insurance shall be <br /> provided by an insurer with a rating of A-: VII or higher in the A.M. Best's Key Rating <br /> Guide,that is licensed to do business in the state of Washington, or issued as a surplus line <br /> by a Washington Surplus lines broker. The City reserves the right to approve or reject the <br /> insurance provided, based on the insurer (including financial condition), terms and <br /> coverage,the Certificate of Insurance,and endorsements. <br /> B. The Contractor shall keep this insurance in force during the term of the Contract and for 30 <br /> calendar days after the Physical Completion date, unless otherwise indicated in 1-07.18(1)C <br /> of this section. <br /> C. If any insurance policy is written on a claims made form, its retroactive date, and that of all <br /> subsequent renewals, shall be no later than the effective date of this Contract. The policy <br /> shall state that coverage is claims made, and state the retroactive date. Claims-made form <br /> coverage shall be maintained by the Contractor for a minimum of 36 months following the <br /> Final Completion or earlier termination of this Contract, and the Contractor shall annually <br /> provide the City with proof of renewal. If renewal of the claims made form of coverage <br /> becomes unavailable, or economically prohibitive, the Contractor shall purchase an <br /> extended reporting period, "tail," or execute another form of guarantee acceptable to the <br /> City to assure financial responsibility for liability for services performed. <br /> D. The insurance policies shall contain a"cross liability"provision. I <br /> E. The Contractor's and all subcontractors' insurance coverage shall be primary and non- <br /> contributory insurance as respects the City's insurance, self-insurance, or insurance pool <br /> coverage. 1 <br /> F. All insurance policies and Certificates of Insurance shall include a requirement providing <br /> for a minimum of 30 days prior written notice to the City of any cancellation in any <br /> insurance policy. I <br /> G. The Contractor shall not begin Work under the Contract until the required insurance has <br /> been obtained and approved by the City. <br /> H. Failure on the part of the Contractor to maintain the insurance as required shall constitute a <br /> material breach of Contract, upon which the City may, after giving five business days' <br /> notice to the Contractor to correct the breach, immediately terminate the Contract or, at its <br /> discretion, procure or renew such insurance and pay any and all premiums in connection <br /> therewith, with any sums so expended to be repaid to the City on demand, or at the sole <br /> discretion of the City,offset against funds due the Contractor from the City. <br /> I. All costs for insurance shall be included in the unit or lump sum prices of the Contract and <br /> no additional payment will be made. <br /> 1-07.18(2) Additional Insured <br /> All insurance policies, with the exception of Professional Liability and Workers Compensation, <br /> shall name the following listed entities as additional insured(s): <br /> • The City and its officers,elected officials,employees,agents, and volunteers J <br /> The above-listed entities shall be additional insured(s) for the full available limits of liability <br /> maintained by the Contractor, whether primary, excess, contingent or otherwise, irrespective of <br /> HAYES STREET REGULATOR February,2017 <br /> AND CSO CONTROLS (SRO1, SRO2,AND SRO3) <br /> WO No—UP3398-31 SP - 91 <br />