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<br /> other legal theory, whether such Claims have been reduced to judgment or arbitration award,
<br /> irrespective of the type of relief sought or demanded (such as money or injunctive relief), and
<br /> irrespective of the type of damage alleged (such as bodily injury, damage to property, economic
<br /> loss, general damages, special damages, or punitive damages); (3) "negligent,reckless or intentional
<br /> acts, errors, omissions or conduct"includes any act, error, omission or conduct that causes or contributes
<br /> to, in whole or in part, a Claim alleging the City breached an express or implied duty to provide adequate
<br /> plans and specifications; and (4) "Contractor" includes KPFF, its employees, agents,
<br /> representatives and subconsultants/subcontractors. If, and to the extent, KPFF employs or
<br /> engages subcontractors or subconsultants, then KPFF shall ensure that each such subcontractor or
<br /> subconsultant (and subsequent tiers of subcontractors or subconsultants) shall expressly agree to
<br /> defend and indemnify the City to the extent and on the same terms and conditions as KPFF
<br /> pursuant to this section.
<br /> 11. Insurance.
<br /> A. Contractor shall comply with the following conditions and procure and keep in
<br /> force during the term of this Agreement, at Contractor's own cost and expense, the following
<br /> policies of insurance with companies authorized to do business in the State of Washington,
<br /> which are rated at least "A" or better and with a numerical rating of no less than seven (7), by
<br /> 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 authorizes
<br /> sublet work, the Contractor shall require each subcontractor to provide Workers' Compensation
<br /> 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 not
<br /> limited to: premises/operations (including off-site operations), blanket contractual liability and
<br /> 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 per
<br /> occurrence and $1,000,000 in the annual aggregate. Such coverage may be written on a claims
<br /> 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 of
<br /> the original.
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