|
obtainable by, or required of Artist does not in any way limit Artist's duty to defend and
<br /> indemnify the City. The City retains the right to approve Claims investigation and counsel
<br /> assigned to said Claim and all investigation and legal work regarding said Claim shall be
<br /> performed under a fiduciary relationship to the City.
<br /> B. Waiver of Workmen's Compensation Immunity. Solely and expressly for the purpose of its
<br /> duties to indemnify and defend the City, Artist specifically waives any immunity it may have
<br /> under the State Industrial Insurance Law, Title 51 RCW. Artist recognizes that this waiver of
<br /> immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW
<br /> 4.24.115 and was the subject of mutual negotiation.
<br /> C. Definitions. As used in this section: (1) "City" includes the City's officers, employees,
<br /> agents, and representatives; (2) "Claims" include all losses, claims, demands, expenses
<br /> (including, but not limited to, attorney's fees and litigation expenses), suits, judgments, or
<br /> damage, whether threatened, asserted or filed against the City, whether such Claims sound in
<br /> tort, contract, or any other legal theory, whether such Claims have been reduced to judgment or
<br /> arbitration award, irrespective of the type of relief sought or demanded (such as money or
<br /> injunctive relief), and irrespective of the type of damage alleged (such as bodily injury, damage
<br /> to property, economic loss, general damages, special damages, or punitive damages); and (3)
<br /> "Artist" includes Artist, its employees, agents, representatives and subcontractors. If, and to the
<br /> extent, Artist employs or engages subcontractors, then Artist shall ensure that each such
<br /> subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defend and
<br /> indemnify the City to the extent and on the same terms and conditions as Artist pursuant to this
<br /> section.
<br /> 12. Insurance.
<br /> A. Artist shall comply with the following conditions and procure and keep in force during
<br /> the term of this Agreement, at Artist's own cost and expense, the following policies of insurance
<br /> with companies authorized to do business in the State of Washington, which are rated at least
<br /> "A" or better and with a numerical rating of no less than seven (7), by A.M. Best Company and
<br /> which are acceptable to the City.
<br /> 1. Workers' Compensation Insurance as required by Washington law. If the City
<br /> authorizes sublet work, the Artist shall require each subcontractor to provide Workers'
<br /> Compensation Insurance for its employees, unless the Artist covers such employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not less
<br /> than $250,000 per occurrence and at least$500,000 in the annual aggregate, including but
<br /> not limited to: premises/operations (including off-site operations), blanket contractual
<br /> liability and broad form property damage. Artist shall insure the Work and Documents
<br /> against casualty, loss, theft, fire, flood, destruction and other perils. The risk of loss shall
<br /> be on the Artist until the Work is completely installed in Everett Station.
<br /> 3. Business Automobile Liability Insurance in an amount not less than $500,000 per
<br /> occurrence, extending to any automobile. A statement certifying that no vehicle will be
<br /> used in accomplishing this Agreement may be substituted for this insurance requirement.
<br />
|