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General Provisions - 3
<br />subcontractors/subconsultants or agents and (b) the City, then Supplier’s obligations under this
<br />Section shall be only to the extent of Supplier’s negligence. Solely and expressly for the purpose
<br />of its duties to indemnify and defend and save harmless the City, Supplier specifically waives any
<br />immunity it may have under the State Industrial Insurance Law, Title 51 RCW. Supplier recognizes
<br />that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the
<br />provisions of RCW 4.24.115 and was the subject of mutual negotiation. As used in this Section:
<br />(1) “City” includes the City, the City’s officers, employees, agents, and representatives and (2)
<br />“Claims” include, but is not limited to, any and all losses, penalties, fines, claims, demands,
<br />expenses (including, but not limited to, attorney’s fees and litigation expenses), suits, judgments,
<br />or damages, irrespective of the type of relief sought or demanded, such as money or injunctive
<br />relief, and irrespective of whether the damage alleged is bodily injury, damage to property,
<br />economic loss, general damages, special damages, or punitive damages or infringement or
<br />misappropriation of any patent, copyright, trade secret, or other proprietary right. If, and to the
<br />extent, Supplier employs or engages subconsultants or subcontractors, then Supplier shall ensure
<br />that 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 Supplier pursuant to this Section. The provisions
<br />of this Section shall survive termination of this Agreement.
<br />11.Insurance.
<br />A.Supplier shall comply with the following conditions and procure and keep in force during the
<br />term of this Agreement, at Supplier’s own cost and expense, the policies of insurance as set
<br />forth in this Section with companies authorized to do business in the State of Washington,
<br />which are rated at least “A-” or better and with a numerical rating of no less than seven (7),
<br />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, Supplier shall require each subcontractor to provide
<br />Workers’ Compensation Insurance for its employees, unless Supplier covers such
<br />employees.
<br />2.Commercial General Liability (CGL) Insurance on an occurrence basis in an amount
<br />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
<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 />4.Professional Errors and Omissions Insurance in an amount not less than $2,000,000
<br />per occurrence and $2,000,000 in the annual aggregate. Such coverage may be
<br />written on a claims made basis.
<br />B.The above CGL and auto liability policies shall be primary as to the City and shall contain a
<br />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
<br />in derogation of the continuous duty of Supplier to furnish the required insurance during the
<br />term of this Agreement.
<br />C.Upon written request by the City, the insurer or its agent will furnish, prior to or during any
<br />Work being performed, a copy of any policy cited above, certified to be a true and complete
<br />copy of the original.
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