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General Provisions - 2
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<br />by, or required of Contractor. Contractor’s obligations under this Section shall not apply to Claims
<br />caused by the sole negligence of the City. If (1) RCW 4.24.115 applies to a particular Claim, and
<br />(2) such Claim is caused by or results from the concurrent negligence of (a) Contractor, its
<br />employees, subcontractors/subconsultants or agents and (b) the City, then Contractor’s liability
<br />under this Section shall be only to the extent of Contractor’s negligence. Solely and expressly
<br />for the purpose of its duties to indemnify and defend and save harmless the City, Contractor
<br />specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51
<br />RCW. Contractor recognizes that this waiver of immunity under Title 51 RCW was specifically
<br />entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual
<br />negotiation. As used in this Section: (1) “City” includes the City, the City’s officers, employees,
<br />agents, and representatives and (2) “Claims” include, but is not limited to, any and all losses,
<br />penalties, fines, claims, demands, expenses (including, but not limited to, attorney’s fees and
<br />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, Contractor employs or engages subconsultants or
<br />subcontractors, then Contractor 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
<br />Contractor pursuant to this Section. The provisions of this Section shall survive the expiration or
<br />termination of this Agreement.
<br />8. Insurance.
<br />A. Contractor shall comply with the following conditions and procure and keep in force during
<br />the term of this Agreement, at Contractor’s own cost and expense, the policies of insurance
<br />as set forth in this Section 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
<br />than seven (7), by A.M. Best 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, Contractor shall require each subcontractor to provide
<br />Workers’ Compensation Insurance for its employees, unless Contractor covers such
<br />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
<br />aggregate, including but not limited to: premises/operations (including off-site
<br />operations), blanket contractual liability and broad form property damage.
<br />3. Business Automobile Liability Insurance in an amount not less than $1,000,000 per
<br />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
<br />requirement.
<br />B. The above liability policies shall be primary as to the City and shall contain a provision that
<br />the policy shall not be canceled or materially changed without 30 days prior written notice to
<br />the City. No cancellation provision in any insurance policy shall be construed in derogation
<br />of the continuous duty of Contractor to furnish the required insurance during the term of this
<br />Agreement.
<br />C. The Description of Operations on the Certificate of Insurance must substantially read as
<br />follows: "The above commercial general and auto liability policies are primary as to the City
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