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3 <br /> subcontractors and agents, is limited to the amount of insurance identified in paragraph <br /> 11 below. This limitation of liability applies to all lawsuits, claims or actions, whether <br /> identified as arising in tort (including professional negligence), contract or other legal <br /> theory, related to the services under this Agreement and any continuation or extension of <br /> the Contractor's services. Contractor's duty to defend and indemnify above shall apply <br /> only to the extent that the insurance identified in paragraph 11 below provides coverage <br /> and only up to the limits of such insurance policies. <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. Worker's Compensation Insurance as required by Washington law and <br /> Employer's Liability Insurance with limits not less than $1,000,000 per occurrence. <br /> If the City authorizes sublet work, the Contractor shall require each subcontractor to <br /> provide Worker's.Compensation Insurance for its employees, unless the Contractor <br /> covers such employees. <br /> 2. Commercial General Liability Insurance on an occurrence basis in an amount not <br /> less than$2,000,000 per occurrence,at least$4,000,000 in the general aggregate, and <br /> $4,000,000 completed operations aggregate term limit, including but not limited to: <br /> premises/operations (including off-site operations), blanket contractual liability and <br /> broad form property damage. All required coverages shall remain in force for claims <br /> arising out of, or alleged to arise out of, the Work for at least six years after <br /> substantial completion of the Work. <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 <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 <br /> $1,000,000 per claim and$2,000,000 in the annual aggregate. Such coverage may be <br /> written on a claims made basis. All required coverages shall remain in force for <br /> claims arising out of, or alleged to arise out of, the Work for at least six years after <br /> final completion of the Work. <br /> B. The above liability policies shall contain a provision that the policy shall not be <br /> canceled or materially changed without 30 days prior written notice to the City and <br /> OliverMcMillan, L.L.C. ("OM"). No cancellation provision in any insurance policy shall be <br /> construed in derogation of the continuous duty of the Contractor to furnish the required insurance <br /> during the terms of this Agreement. <br /> C. Upon written request by the City, the insurer or his/her agent will furnish,prior to or <br /> during any Work being performed, a copy of any policy cited above, certified to be a true and <br /> complete copy of the original. <br /> 5 <br /> J <br />