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1 pollutants. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. 10.1.1.4 Excess or Umbrella Liability. $10 million per occurrence and aggregate during the course of construction and with Product/Completed Operations coverage for a period of six years following Substantial Completion. 10.1.1.5 Contractors Pollution Liability. A policy providing coverage for claims involving remediation, disposal, or other handling of pollutants arising out of Design- Builder's operations for others; from the transportation of hazardous materials; or involving remediation, abatement, repair, maintenance or other work with lead-based paint or materials containing asbestos. Such Pollution Liability policy shall provide at least$2,000,000 per occurrence coverage for Bodily Injury and Property Damage. 10.1.1.6 Design-Builder's Professional Liability. Design-Builder shall maintain for six years after Substantial Completion professional errors and omissions insurance in an amount no less than $2 million per claim. Design-Builder shall promptly notify Owner of any material changes to, interruption of, or termination of this insurance. Design-Builder shall contractually require its Design Consultants of any tier to maintain professional errors and omissions insurance in an amount of at least $1 million per claim. If professional errors and omissions insurance is not reasonably available for or applicable to a class of consultants, Design-Builder must promptly notify Owner. If any policy is written on a claims made form, the retroactive date shall be prior to or coincident with the effective date of this Contract. The policy shall state that coverage is claims made, and state the retroactive date. Design-Builder shall purchase an extended reporting period ("tail") of three years from the coverage duration specified in Section 10.1 above. 10.1.1.7 Worker's Compensation. Worker's Compensation coverage, as required by RCW Title 51. If Design-Builder is qualified as a self-insurer in accordance with RCW 51.14, Design-Builder shall so certify by letter signed by a corporate officer indicating that it is a qualified self-insured, and setting forth the limits of any policy of excess insurance covering its employees. 10.1.2 Self-Insurance. At its sole option and in its sole discretion, Owner may accept Design- Builder's self-insurance for liability coverage in lieu of insurance from a commercial insurer. Design-Builder must provide a letter from its Corporate Risk Manager or appropriate Finance Officer representing and warranting the following minimum information: whether the self- insurance program is actuarially funded; the fund limits; any excess declaration pages to meet the contract requirements; a description of how Design-Builder would protect and defend Owner as an Additional Insured in their Self-Insured layer; and claims-handling directions in the event of a claim. Any amounts due to, sought by, or paid to third party claimants shall be the sole responsibility of Design-Builder, irrespective of whether such amount falls wholly within the level or amount of Design-Builder's self-insured retention. 10.1.3 Waiver of Subrogation. Design-Builder and the Owner waive all rights against each other any of their subcontractors, sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builder's Risk insurance or other property insurance obtained pursuant to the Contract Documents. The policies shall provide such waivers by endorsement or otherwise. 10.1.4 Design-Build Exclusions. Design-Builder is responsible for procuring and maintaining the insurance for the coverage amounts all as set forth in this Contract. Design-Builder's liability insurance shall specifically delete any design-build or similar exclusions that could compromise coverages because of the design-build nature of the Project. Any professional liability insurance shall specifically delete any design-build or similar exclusions that could compromise coverages because of the design-build nature of the Project. City of Everett—Contract Page 12 Between Owner and Design Builder—Lump Sum East Clearwell Roof Replacement Project