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Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of <br /> construction contracts, if any, on the project. Subject to the processing of a new sole source,or an acceptable <br /> supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract <br /> administration. By providing such assistance,the CONSULTANT shall assume no responsibility for:proper <br /> construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance <br /> with the contract documents. <br /> The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT,or as otherwise <br /> required,the following insurance with companies or through sources approved by the State Insurance <br /> Commissioner pursuant to Title 48 RCW. <br /> Insurance Coverage <br /> A. Worker's compensation and employer's liability insurance as required by the STATE. <br /> B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum <br /> limits of one million dollars ($1,000,000.00)per occurrence and two million dollars($2,000,000.00) in the <br /> aggregate for each policy period. <br /> C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for <br /> any"Auto" (Symbol 1)used in an amount not less than a one million dollar($1,000,000.00)combined single <br /> limit for each occurrence. <br /> Excepting the Worker's Compensation Insurance and any Professional Liability Insurance,the STATE and <br /> AGENCY,their officers,employees, and agents will be named on all policies of CONSULTANT and any sub- <br /> consultant and/or subcontractor as an additional insured(the"AIs"),with no restrictions or limitations concerning <br /> products and completed operations coverage. This coverage shall be primary coverage and non-contributory and <br /> any coverage maintained by the AIs shall be excess over, and shall not contribute with,the additional insured <br /> coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall <br /> waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with <br /> verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to <br /> require complete, certified copies of all required insurance policies at any time. <br /> All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. <br /> The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14) days of the <br /> execution of this AGREEMENT to: <br /> Name: Heather Griffin,PE <br /> Agency: City of Everett <br /> Address: 3200 Cedar Street <br /> City: Everett State: WA Zip: 98201 <br /> Email: hgriffin@everettwa.gov <br /> Phone: (425)257-7206 <br /> Facsimile: (425)257-8882 <br /> No cancellation of the foregoing policies shall be effective without thirty (30)days prior notice to the AGENCY. <br /> The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to <br /> section IX "Termination of Agreement"of this AGREEMENT, shall be limited to the accumulative amount of the <br /> authorized AGREEMENT amount or one million dollars($1,000,000.00),whichever is greater,unless the limit of <br /> liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional <br /> liability to third parties be limited in any way. <br /> Agreement Number: 3588 <br /> Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 <br /> Revised 10/30/2014 <br />