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C. Claims Made Form Requirements <br /> 1. If any policy is written on a claims made form,the retroactive date shall be prior to or coincident with <br /> the effective date of this Contract. <br /> 2. The policy shall state that coverage is claims made,and state the retroactive date. <br /> 3. Claims made form coverage shall be maintained by the Contractor for a minimum of three years <br /> following the expiration or earlier termination of this Contract, and the Contractor shall annually <br /> provide the Owner with proof of renewal. <br /> 4. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive,the <br /> Contractor shall purchase an extended reporting period ("tail") or execute another form of guarantee <br /> acceptable to the Owner to assure financial responsibility for liability for services performed. <br /> D. Cross Liability Endorsement <br /> 1. The policies of insurance shall contain a"cross liability"endorsement substantially as follows: <br /> a. The inclusion of more than one insured under this policy shall not affect the rights of any insured <br /> as respects any claim, suit, or judgment made or brought by or for any other insured or by or for <br /> any employee of any other insured. <br /> b. This policy shall protect each insured in the same manner as though a separate policy had been <br /> issued to each, except that nothing herein shall operate to increase the company's liability <br /> beyond the amount or amounts for which the company would have been liable had only one <br /> insured been named. <br /> E. Additional Insured <br /> 1. The policies of insurance for general liability, automobile, and pollution policies shall be specifically <br /> endorsed to name the Owner, Owner's Representative, and each of their respective officers, elected <br /> officials, employees, agents, representatives, Subconsultants and volunteers, and other entities <br /> specifically required by the Contract Documents, as additional insured(s). <br /> 2. Such endorsement shall not limit the policy limits available to the Owner as additional insured to the <br /> coverage amounts required herein if the Contractor maintains larger policy limits. <br /> F. Contractor Insurance Primary <br /> I1. Contractor's insurance shall be primary as respects the Owner, and any other insurance maintained by <br /> the Owner shall be excess and not contributing insurance with the Contractor's insurance. <br /> G. Assumption of Risk <br /> 1. Contractor hereby assumes all risk of damage to its property, or injury to its officers, directors, agents, <br /> contractors, or invitees, in or about the Property from any cause, and hereby waives all claims against <br /> the Owner. <br /> 2. The Contractor further waives, with respect to the Owner only, its immunity under RCW Title 51, <br /> Industrial Insurance. <br /> H. Cost Included in Price <br /> 1. All costs for insurance shall be incidental to and included in the unit contract prices or lump sum price <br /> of the Contract and no additional payment will be made for required insurance. <br /> I. Subcontractors <br /> 1. Contractor shall furnish separate evidence of insurance as stated above for each Subcontractor or shall <br /> include all Subcontractors as insureds under its policies. <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL CONDITIONS <br /> 00 72 13-57 Issue for Bid <br />