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<br />obtained by, obtainable by, or required of Service Provider. Service Provider’s obligations under this Section
<br />shall not apply to Claims caused by the sole negligence of the City. If (1) RCW 4.24.115 applies to a particular
<br />Claim, and (2) such Claim is caused by or results from the concurrent negligence of (a) Service Provider, its
<br />employees, subcontractors/subconsultants or agents and (b) the City, then Service Provider’s liability under
<br />this Section shall be only to the extent of Service Provider’s negligence. Solely and expressly for the
<br />purpose of its duties to indemnify and defend and save harmless the City, Service Provider specifically
<br />waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. Service Provider
<br />recognizes 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: (1) “City”
<br />includes 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 not limited
<br />to, attorney’s fees and litigation expenses), suits, judgments, or damages, irrespective of the type of relief
<br />sought or 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 damages
<br />or infringement or misappropriation of any patent, copyright, trade secret, or other proprietary right. If,
<br />and to the extent, Service Provider employs or engages subconsultants or subcontractors, then Service
<br />Provider shall ensure that each such subconsultant and subcontractor (and subsequent tiers of
<br />subconsultants and subcontractors) shall expressly agree to defend and indemnify and save harmless the
<br />City to the extent and on the same terms and conditions as Service Provider pursuant to this Section. The
<br />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 and keep in force during the
<br />term of this Agreement, at Service Provider’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, which are
<br />rated at least “A-” or better and with a numerical rating of no less than seven (7), by A.M. Best Company
<br />and which are acceptable to the City.
<br />1. Workers’ Compensation Insurance as required by Washington law and Employer’s Liability
<br />Insurance with limits not less than $1,000,000 per occurrence. If the City authorizes sublet
<br />work, Service Provider shall require each subcontractor to provide Workers’ Compensation
<br />Insurance for its employees, unless Service Provider covers such employees.
<br />2. Commercial General Liability Insurance on an occurrence basis in an amount not less than
<br />$1,000,000 per occurrence and at least $2,000,000 in the annual aggregate, including but not
<br />limited to: premises/operations (including off-site operations), blanket contractual liability
<br />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 will be used
<br />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 a provision that the policy
<br />shall not be canceled or materially changed without 30 days prior written notice to the City. No
<br />cancellation provision in any insurance policy shall be construed in derogation of the continuous duty
<br />of Service Provider to furnish the required insurance during the term of this Agreement.
<br />C. The Description of Operations on the Certificate of Insurance must substantially read as follows: "The
<br />above commercial general and auto liability policies are primary as to the City of Everett; have the
<br />City of Everett, its officers, employees, agents, and volunteers as additional insureds; and contain a
<br />provision that the policy shall not be canceled or materially changed without 30 days prior written
<br />notice to the City of Everett."
<br />D. Prior to Service Provider performing any Work, Service Provider shall provide the City or the City’s
<br />designee with a Certificate of Insurance and endorsements acceptable to the City Attorney evidencing
<br />the required insurance. Receipt by the City or the City’s designee of any certificate showing less
<br />coverage than required is not a waiver of Service Provider’s obligations to fulfill the requirements of
<br />this Section. No statement on a third-party website (such as a Trustlayer) that a requirement is
<br />“waived” or “overridden” is a waiver of Service Provider’s obligations to fulfill the requirements of this
<br />Section.
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