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General Provisions - 4
<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 not
<br />limited to, attorney’s fees and litigation expenses), suits, judgments, or damages, irrespective of
<br />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 Service Provider pursuant to this Section. The
<br />provisions of this Section shall survive termination of this Agreement.
<br />11. Insurance.
<br />A. Service Provider shall comply with the following conditions and procure and keep in force
<br />during the term of this Agreement, at Service Provider’s own cost and expense, the policies
<br />of insurance as set forth in this Section with companies authorized to do business in the State
<br />of 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, Service Provider shall require each subcontractor to provide
<br />Workers’ Compensation Insurance for its employees, unless Service Provider covers
<br />such 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 Service Provider to furnish the required insurance
<br />during the term of this Agreement.
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