IMCO General Construction Inc 11/13/2018 (2)

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