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General Provisions - 4
<br />property or business, caused by or arising out of the acts, errors, or omissions of Service
<br />Organization, its employees, agents, volunteers, or subcontractors, arising out of the
<br />performance of this Agreement; PROVIDED, HOWEVER, that the Service Organization’s
<br />obligation hereunder shall not extend to injury, sickness, death, or damage caused by or
<br />arising out of the sole negligence or willful misconduct of the City, its officers, officials,
<br />employees, or agents acting within the scope of their employment. With respect to the
<br />Service Organization’s obligations to hold harmless, indemnify, and defend provided for
<br />herein, but only as such obligations relate to claims, actions, or suits filed against the City,
<br />Service Organization further agrees to waive its immunity under the Industrial Insurance
<br />Act, Title 51 RCW, for any injury or death suffered by the Service Organization’s employees,
<br />agents, volunteers, or subcontractors caused by or arising out of the Service Organization’s
<br />acts, errors, or omissions in the performance of this Agreement. This waiver is mutually
<br />negotiated by the parties. Service Organization’s obligations shall include, but not be limited
<br />to, investigating, adjusting, and defending all claims alleging loss from action, error, omission,
<br />or breach of any common law, statutory, or other delegated duty by Service Organization, its
<br />employees, agents, or subcontractors.
<br />B. If (1) RCW 4.24.115 applies to a claim, action, suit, liability, loss, expense, damage, or
<br />judgment to which this Section is applicable, and (2) such claim, action, suit, liability, loss,
<br />expense, damage, or judgment is caused by or results from the concurrent negligence of (a)
<br />Service Organization, its employees, subcontractors/subconsultants, volunteers or agents
<br />and (b) the City and its officers, employees, agents, and representatives, then the City’s or
<br />Service Organization’s liability under this Section shall be only to the extent allowed by such
<br />statute.
<br />C. The provisions of this Section shall survive the expiration or termination of this Agreement.
<br />10. Insurance.
<br />A. Service Organization shall comply with the following conditions and procure and keep in force
<br />during the term of this Agreement, at Service Organization’s own cost and expense, the
<br />policies of insurance as set forth in this Section with companies authorized to do business in
<br />the State of Washington, which are rated at least “A-” or better and with a numerical rating
<br />of no less 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, Service Organization shall require each subcontractor to
<br />provide Workers’ Compensation Insurance for its employees, unless Service
<br />Organization covers 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
<br />aggregate.
<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 Service Organization to furnish the required insurance during the
<br />term of this Agreement.
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