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TIC 2018-09-10 Item 2A - Agreement - Memorandum of Agreement with CenturyLink Regarding 53rd Avenue South (South 144th Street to South 137th Street)
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2018-09-10 Transportation and Infrastructure
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TIC 2018-09-10 Item 2A - Agreement - Memorandum of Agreement with CenturyLink Regarding 53rd Avenue South (South 144th Street to South 137th Street)
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1/14/2021 12:30:06 PM
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9/6/2018 11:39:19 AM
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Council Committees
Committees Date (mm/dd/yy)
09/10/18
Committee Name
Transportation and Infrastructure 2017-2020
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Agenda Packet
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The City, in its separate agreement with the Contractor, shall require that the Contractor <br />shall maintain in full force and effect at its own cost insurance of the types and in the amounts <br />described below against claims for injuries to persons or damage to property which may arise <br />from or in connection with the performance of the work by the Contractor, its agents, <br />representative, employees, sub consultants or subcontractors: <br />A. Commercial General Liability insurance with limits of no less than three million dollars <br />($3,000,000.00) per occurrence and three million dollars ($3,000,000.00) general <br />aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 01 1/96 or <br />its equivalent and include severability of interests. Coverage shall include, but not be <br />limited to: blanket insurable contractual, Products/Completed operations/broad form <br />property damage; explosion, collapse and underground (XCU); and employers liability. <br />Such insurance shall name CenturyLink, the City, its officers, officials and employees as <br />additional insureds per ISO CG 2026 or its equivalent. There shall be a waiver of <br />subrogation and rights of recovery against CenturyLink, the City, its officers, officials <br />and employees. Coverage shall apply as to claims between insureds on the policy, if <br />applicable. Coverage may take the form of a primary layer and a secondary or umbrella <br />layer, but the combination of layers must equal $3,000,000 at a minimum. <br />B. Commercial Automobile Liability insurance with minimum combined single limits of <br />one million dollars ($1,000,000.00) each occurrence with respect to each of Contractor's <br />owned, hired and non -owned vehicles assigned to or used in the operation of this contract <br />in the City. The policy shall contain a severability of interests' provision. <br />C. The insurance shall not be canceled or materially changed so as to be out of compliance <br />with these requirements without thirty (30) days' written notice first provided to the City <br />and CenturyLink, via certified mail, and ten (10) days' notice for nonpayment of <br />premium. If the insurance is canceled or materially altered so as to be out of compliance <br />with the requirements of this subsection within the term of this contract, Contractor shall <br />provide a replacement policy. City shall require that the Contractor agrees to maintain <br />continuous uninterrupted insurance coverage, in at least the amounts required, for the <br />duration of the Contractor's work on the Project. <br />Deductibles / Certificate of Insurance <br />Any deductible of the policies shall not in any way limit Contractor's liability to the City and <br />CenturyLink. <br />A. Endorsements. <br />(1) All policies shall contain, or shall be endorsed so that: <br />(a) CenturyLink, the City, its officers, officials, boards, commissions, <br />employees and agents are to be covered as, and have the rights of, <br />JOINT TRENCH AGREEMENT— Page 6 of 11 (August 20, 2018) <br />(between City of Tukwila and CenturyLink Re: 53rd Ave S. project) <br />7 <br />
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