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1A <br /> irrespective of whether the damage alleged is bodily injury, damage to property, economic loss, general <br /> damages, special damages, or punitive damages; and (3) "negligent acts, errors, omissions, or willful <br /> misconduct" includes any act, error, omission or conduct that causes or contributes to, in whole or in <br /> part, a Claim alleging the City breached an express or implied duty to provide adequate plans and <br /> specifications. 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 of <br /> subconsultants and subcontractors) shall expressly agree to defend and indemnify the City to the extent <br /> 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 during the <br /> term of this Agreement, at Contractor's own cost and expense, the following policies of insurance with <br /> companies authorized to do business in the State of Washington, which are rated at least "A" or better <br /> and with a numerical rating of no less than seven (7), by A.M. Best Company and which are acceptable <br /> 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 make available to the City, <br /> subject to reasonable confidentiality and use restrictions, a copy of any policy cited above,certified to be <br /> a true and complete copy 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 <br /> naming the City of Everett, its officers, employees and agents as Additional Insureds on the Commercial <br /> General Liability Insurance policy and the Business Automobile Liability Insurance policy with respect <br /> 40 I <br />