2004/04/28 Council Agenda Packet

/ 4 8. Indemnification. Except as otherwise provided in this paragraph, the Contractor hereby agrees to defend and indemnify the City from any and all Claims arising out of, in connection with, or incident to any acts, errors, omissions, or conduct by Contractor(or its employees, agents, representatives subcontractors/subconsultants) relating to this Agreement or relating to BIA creation or assessments. The Contractor is obligated to defend and indemnify the City pursuant to this paragraph whether a Claim is asserted directly against the City, or whether it is asserted indirectly against the City, e.g., a Claim is asserted against someone else who then seeks contribution or indemnity from the City. The Contractor's duty to defend and indemnify pursuant to this paragraph is not in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of the Contractor. Solely and expressly for the purpose of its duties to indemnify and defend the City, the Contractor specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. The Contractor recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. As used in this paragraph: (1) "City" includes the City's officers, employees, agents, and representatives and (2) "Claims" include, but is not limited to, any and all losses, claims, demands, expenses (including, but not limited to, attorney's fees and litigation expenses), suits,judgments, or damage, irrespective of the type of relief sought or demanded, such as money or injunctive relief, and irrespective of whether the damage alleged is bodily injury, damage to property, economic loss, general damages, special damages, or punitive damages. 9. Insurance. Contractor shall take out and maintain insurance in the following minimum amounts during the entire performance of its duties pursuant to this Agreement. A. Vehicle Insurance. Contractor agrees to include the City as a named insured on all automobile liability insurance policies which cover vehicles used by the Contractor in the performance of its duties under the Agreement and proof thereof shall be provided to the City prior to the performing services pursuant to the Agreement. A statement certifying that no vehicle will be used in accomplishing this Agreement may be substituted for the above insurance requirement. B. Comprehensive General Liability Insurance (CGLI). Contractor shall provide and keep in force CGLI including blanket contractual liability and broad form property damage liability. The combined single limits shall be not less than One Million Dollars ($1,000,000). C. Certificate of Insurance Approved by City Attorney and filed with City Clerk. Prior to Contractor doing any Work pursuant to this agreement, Contractor shall provide the City with a certificate of insurance acceptable to the City Attorney naming the City as an additional insured on each of the insurance policies herein required. Said certificate shall thereafter be filed with the City Clerk. 4 19