|
subcontractors/subconsultants)relating to this Agreement,whether such Claims sound in contract,
<br /> tort,or any other legal theory. The Service Provider is obligated to defend and indemnify and save
<br /> harmless the City pursuant to this Section 10 whether a Claim is asserted directly against the City,
<br /> or whether it is asserted indirectly against the City, e.g., a Claim is asserted against someone else
<br /> who then seeks contribution or indemnity from the City. The Service Provider's duty to defend
<br /> and indemnify and save harmless pursuant to this Section 10 is not in any way limited to,or by the
<br /> extent of, insurance obtained by, obtainable by, or required of the Service Provider. The Service
<br /> Provider's obligations under this Section 10 shall not apply to Claims caused by the sole
<br /> negligence of the City. If(1) RCW 4.24.115 applies to a particular Claim, and(2) such Claim is
<br /> caused by or results from the concurrent negligence of(a)the Service Provider, its employees,
<br /> subcontractors/subconsultants or agents and(b)the City,then the Service Provider's liability under
<br /> this Section 10 shall be only to the extent of Service Provider's negligence. Solely and expressly
<br /> for the purpose of its duties to indemnify and defend and save harmless the City, the Service
<br /> Provider specifically waives any immunity it may have under the State Industrial Insurance Law,
<br /> Title 51 RCW. The Service Provider recognizes that this waiver of immunity under Title 51 RCW
<br /> was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of
<br /> mutual negotiation. As used in this Section 10: (1) "City" includes the City, the City's officers,
<br /> employees, agents, and representatives and(2) "Claims"include, but is not limited to, any and all
<br /> losses, penalties, fines, claims, demands, expenses (including, but not limited to, attorney's fees
<br /> and litigation expenses), suits,judgments, or damages, irrespective of the type of relief sought or
<br /> demanded, such as money or injunctive relief, and irrespective of whether the damage alleged is
<br /> bodily injury, damage to property, economic loss, general damages, special damages, or punitive
<br /> damages or infringement or misappropriation of any patent, copyright, trade secret, or other
<br /> proprietary right. If, and to the extent, Service Provider employs or engages subconsultants or
<br /> subcontractors,then Service Provider shall ensure that each such subconsultant and subcontractor
<br /> (and subsequent tiers of subconsultants and subcontractors) shall expressly agree to defend and
<br /> indemnify and save harmless the City to the extent and on the same terms and conditions as the
<br /> Service Provider pursuant to this Section 10. The provisions of this Section 10 shall survive the
<br /> expiration or termination of this Agreement.
<br /> 11. Insurance.
<br /> A. Service Provider shall comply with the following conditions and procure and keep in force
<br /> during the term of this Agreement, at Service Provider's own cost and expense, the following
<br /> policies of insurance with companies authorized to do business in the State of Washington, which
<br /> are rated at least"A" or better and with a numerical rating of no less than seven(7), by A.M. Best
<br /> Company and which are acceptable to the City.
<br /> 1. Workers' Compensation Insurance as required by Washington law and Employer's
<br /> Liability Insurance with limits not less than $1,000,000 per occurrence. If the City
<br /> authorizes sublet work, the Service Provider shall require each subcontractor to provide
<br /> Workers' Compensation Insurance for its employees, unless the Service Provider covers
<br /> such employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not
<br /> less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate,
<br /> Page 4
<br /> 2022-23 Claims Investigation PSA
<br />
|