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<br />harmless the City, the Service Provider specifically waives any immunity it may have under the
<br />State Industrial Insurance Law, Title 51 RCW. The Service Provider 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. As used in this Section: (1) “City” includes
<br />the City, the City’s officers, employees, agents, and representatives and (2) “Claims” include, but
<br />is not limited to, any and all losses, penalties, fines, claims, demands, expenses (including, but
<br />not limited to, attorney’s fees and litigation expenses), suits, judgments, or damages, irrespective
<br />of the type of relief sought or demanded, such as money or injunctive relief, and irrespective of
<br />whether the damage alleged is bodily injury, damage to property, economic loss, general
<br />damages, special damages, or punitive damages or infringement or misappropriation of any
<br />patent, copyright, trade secret, or other proprietary right. If, and to the extent, Service Provider
<br />employs or engages subconsultants or subcontractors, then Service Provider shall ensure that
<br />each such subconsultant and subcontractor (and subsequent tiers of subconsultants and
<br />subcontractors) shall expressly agree to defend and indemnify and save harmless the City to the
<br />extent and on the same terms and conditions as the Service Provider pursuant to this Section 10.
<br />The provisions of this Section shall survive the expiration or termination of this Agreement.
<br />8. Insurance.
<br />A. Service Provider shall comply with the following conditions and procure
<br />and keep in force during the term of this Agreement, at Service Provider’s own cost and expense,
<br />the following policies of insurance with companies authorized to do business in the State of
<br />Washington, which are rated at least “A” or better and with a numerical rating of no less than
<br />seven (7), by A.M. Best Company and which are acceptable to the City.
<br />1. Workers’ Compensation Insurance as required by Washington law
<br />and Employer’s 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 Workers’
<br />Compensation Insurance for its employees, unless the Service Provider covers such employees.
<br />2. Commercial General Liability Insurance on an occurrence basis in
<br />an amount not less than $1,000,000 per occurrence and at least $2,000,000 in the annual
<br />aggregate, including but not limited to: premises/operations (including off-site operations),
<br />blanket contractual liability and broad form property damage.
<br />3. Business Automobile Liability Insurance in an amount not less than
<br />$1,000,000 per occurrence, extending to any automobile. A statement certifying that no vehicle
<br />will be used in accomplishing this Agreement may be substituted for this insurance requirement.
<br />B. The above liability policies shall be primary as to the City and shall contain
<br />a provision that the policy shall not be canceled or materially changed without 30 days prior
<br />written notice to the City. No cancellation provision in any insurance policy shall be construed in
<br />derogation of the continuous duty of the Service Provider to furnish the required insurance
<br />during the term of this Agreement.
<br />C. Upon written request by the City, the insurer or his/her agent will furnish,
<br />prior to or during any Work being performed, a copy of any policy cited above, certified to be a
<br />true and complete copy of the original.
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