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<br /> RCW 4.24.115 and was the subject of mutual negotiation. As used in this paragraph: (1) "City"
<br /> includes the City's officers, employees, agents, and representatives and (2) "Claims" include, but is not
<br /> limited to, any and all losses, claims, demands, expenses (including, but not limited to, attorney's fees
<br /> and litigation expenses), suits, judgments, or damage, irrespective of the type of relief sought or
<br /> demanded, such as money or injunctive relief, and irrespective of whether the damage alleged is bodily
<br /> injury, damage to property, economic loss, general damages, special damages, or punitive damages.
<br /> If, and to the extent, Contractor employs or engages subconsultants or subcontractors, then Contractor
<br /> shall ensure that each such subconsultant and subcontractor (and subsequent tiers of subconsultants and
<br /> subcontractors) shall expressly agree to defend and indemnify the City to the extent and on the same
<br /> terms and conditions as the Contractor pursuant to this paragraph.
<br /> 11. 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 following policies of insurance
<br /> with companies authorized to do business in the State of Washington, which are rated at least "A" or
<br /> better and with a numerical rating of no less than seven (7), by A.M. Best Company and which are
<br /> 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 authorizes
<br /> sublet work, the Contractor shall require each subcontractor to provide Workers'
<br /> Compensation Insurance for its employees, unless the Contractor covers such employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not less
<br /> than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate, including but
<br /> not 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 in
<br /> accomplishing this Agreement may be substituted for this insurance requirement.
<br /> 4. Professional Errors and Omissions Insurance in an amount not less than $1,000,000
<br /> per occurrence and $1,000,000 in the annual aggregate. Such coverage may be written on a
<br /> claims made basis. If both parties agree that the Work does not warrant Contractor providing
<br /> Professional Errors and Omissions Insurance, this paragraph may be stricken and initialed by
<br /> both parties.
<br /> B. The above liability policies shall contain a provision that the policy shall not be canceled or
<br /> materially changed without 30 days prior written notice to the City. No cancellation provision in any
<br /> insurance policy shall be construed in derogation of the continuous duty of the Contractor to furnish the
<br /> required insurance during the term of this Agreement.
<br /> C. Upon written request by the City, the insurer or his/her agent will furnish, prior to or during
<br /> any Work being performed, a copy of any policy cited above, certified to be a true and complete copy
<br /> of the original.
<br /> D. Prior to the Contractor performing any Work, Contractor shall provide the City with a
<br /> Certificate of Insurance acceptable to the City Attorney evidencing the above-required insurance and
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