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<br /> indemnify the City for Claims caused solely by the negligence of the City. If(1) RCW 4.24.115
<br /> applies to a particular Claim, and (2) the bodily injury or damage to property for which the
<br /> Contractor is to indemnify the City is caused by or results from the concurrent negligence of(a)
<br /> the Contractor, its employees, subcontractors/subconsultants or agents and (b) the City, then the
<br /> Contractor's duty to indemnify shall be valid and enforceable only to the extent allowed by RCW
<br /> 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the City,the
<br /> Contractor specifically waives any immunity it may have under the State Industrial Insurance
<br /> Law, Title 51 RCW. The Contractor recognizes that this waiver of immunity under Title 51
<br /> RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the
<br /> subject of mutual negotiation. As used in this paragraph: (1) "City" includes the City's officers,
<br /> employees, agents, and representatives and (2) "Claims"include, but is not limited to, any and all
<br /> losses, claims, demands, expenses (including, but not limited to, attorney's fees and litigation
<br /> expenses), suits, judgments, or damage, irrespective of the type of relief sought or demanded,
<br /> 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
<br /> damages. If, and to the extent, Contractor employs or engages subconsultants or subcontractors,
<br /> then Contractor shall ensure that each such subconsultant and subcontractor(and subsequent tiers
<br /> of subconsultants and subcontractors) shall expressly agree to defend and indemnify the City to
<br /> the extent and on the same 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
<br /> during the term of this Agreement, at Contractor's own cost and expense, the following policies
<br /> of insurance 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
<br /> Company and which are acceptable to the City.
<br /> 1. Workers' Compensation Insurance as required by Washington law and
<br /> Employer's Liability Insurance with limits not less than $1,000,000 per occurrence. If the
<br /> City authorizes sublet work, the Contractor shall require each subcontractor to provide
<br /> Workers' Compensation Insurance for its employees, unless the Contractor covers such
<br /> employees.
<br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not
<br /> less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate,
<br /> including but not limited to: premises/operations (including off-site operations), blanket
<br /> contractual liability and broad form property damage.
<br /> 3. Business Automobile Liability Insurance in an amount not less than $1,000,000
<br /> per occurrence, extending to any automobile. A statement certifying that no vehicle will.
<br /> 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
<br /> $1,000,000 per occurrence and $1,000,000 in the annual aggregate. Such coverage may
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