A. Comprehensive Commercial General Liability Insurance. Commercial general liability insurance on an “occurrence” basis including coverage for premises and operations liability, products and completed operations, contractual liability, independent contractors, stopgap/employer’s liability, broad form property damage, explosion, collapse and underground hazards, and personal injury liability. Such insurance will provide limits of not less than $2,000,000 per occurrence and $10,000,000 in the aggregate. Coverage limits can be achieved with a combination of the primary and umbrella/excess policies. Products/completed operations liability insurance will be provided for a period of at least six years after completion and/or termination of construction. Any deductible or self-insured retention must be disclosed and is subject to approval of the city. The policy for the permittee must include, without limitation, coverage for hazards commonly referred to as “XCU” and contain a severability of interests provision.

B. Automobile Liability Insurance. A policy of automobile liability, including coverage for permittee’s owned, non-owned, leased or hired vehicles providing a minimum limit for bodily injury and property damage of $5,000,000 per combined single limit each accident. The limit can be achieved with a combination of the primary and umbrella/excess policies.

C. Workers’ Compensation Insurance. Statutory workers’ compensation and employer’s liability insurance as prescribed by applicable law.

D. City as an Additional Insured on Policies. The commercial general liability and automobile liability and umbrella/excess liability insurance policies required must name the city of Anacortes as an additional insured on a primary and noncontributory basis on forms CG 20 26 and CG 20 37 or their equivalents for a public body. Carriers furnishing insurance are required to waive all rights of subrogation against the city. The permittee must obtain the written agreement on the part of each insurance company to notify the city at least 45 days prior to cancellation or nonrenewal of any such insurance, except 10 days’ notice of cancellation due to nonpayment of premium.

E. Evidence of Insurance. With respect to each policy, permittee must provide the city prior to commencement of the work, proof that it has procured the requisite insurance, including copies of any applicable policies, declaration pages, and/or endorsements. PERMITTEE IS NOT ENTITLED TO COMMENCE WORK AUTHORIZED UNDER ITS PERMIT(S) UNTIL THE CITY HAS RECEIVED AND APPROVED THE CERTIFICATE OF INSURANCE.

F. Errors and Omissions. Permittee must maintain throughout the period of the applicable permit, and for a period of six years thereafter, a standard professional errors and omissions insurance policy of a form and with an insurance company satisfactory to the city. Permittee’s insurance policies must incorporate a provision requiring giving written notice to the city at least 60 days prior to any cancellation, nonrenewal or material modification of the policies. Permittee’s professional errors and omissions insurance will be in the minimum amount of $1,000,000 including contractual liability, with all coverage retroactive to the earlier of the date of the applicable permit or the commencement of design services in relation to the permit(s).

G. Compliance by Contractors and Subcontractors. Permittee is required to ensure that each of its contractors and subcontractors complies with all requirements in this section; provided, that permittee must require its contractors and subcontractors to maintain commercially reasonable limits of insurance, given the contractor’s and subcontractor’s scope of work. Permittee must provide evidence of insurance of contractors and subcontractors upon request by the city.

H. In addition, each such insurance policy must contain an endorsement which provides that the policy may not be cancelled, reduced in coverage, nor the intention not to renew be stated until 60 days after receipt by the city of a written notice to that effect. Within 30 days after receipt of such notice by the city, and in no event later than 15 days prior to the cancellation or nonrenewal, the permittee must obtain and furnish to the city replacement insurance policies meeting the requirements of this section. (Ord. 3039 § 2, 2019)