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15.1. The indemnification and defense obligations specified in this Section 15
<br />("Indemnity Obligations") have been mutually negotiated and shall survive the
<br />expiration, abandonment, or termination of this Agreement. The Indemnity Obligations
<br />shall extend to claims that are not reduced to a suit and to any claims that may be
<br />compromised prior to the culmination of any litigation or the institution of any litigation.
<br />Inspection, acceptance or payment by CITY of or for any Services performed by
<br />CONSULTANT shall not be grounds for avoidance of any Indemnity Obligations.
<br />15.1.1. Professional errors and omissions. For any losses that arise from
<br />any error, omission, negligence or other malpractice in the exercise of CONSULTANT's
<br />professional judgment in the performance of architectural, landscape architectural,
<br />engineering, or land surveying services such that RCW 4.24.115 would apply,
<br />CONSULTANT shall defend, indemnify, and hold the CITY harmless from all such
<br />losses to the extent caused by any violation of law, including state, federal or municipal
<br />law or ordinance, or negligent act, omission, breach of contract, or willful or intentional
<br />misconduct of CONSULTANT. The obligation of indemnity under this subparagraph
<br />does not, however, extend to losses caused by the negligence (whether sole,
<br />concurrent or contributory) of the CITY.
<br />15.1.2. Construction claims. In the event that this Agreement is relative to
<br />the construction, alteration, repair, addition to, subtraction from, improvement to, or
<br />maintenance of any building, highway, road, excavation, or other structure, project,
<br />development, or improvement attached to real estate (specifically including moving or
<br />demolition in connection therewith) and therefore subject to RCW 4.24.115,
<br />CONSULTANT shall defend, indemnify and hold harmless the CITY from all losses to
<br />the extent caused by any violation of law, including state, federal or municipal law or
<br />ordinance, or any negligent act or omission of CONSULTANT. The obligation of
<br />indemnity under this Subparagraph does not, however, extend to losses caused by the
<br />negligence (whether sole, concurrent or contributory) of the CITY.
<br />15.2. In any and all claims against the CITY by any employee of
<br />CONSULTANT, the indemnification obligations set forth above shall not be limited in
<br />any way by any limitation on the amount or type of damages or compensation benefits
<br />payable by or for CONSULTANT under the applicable worker's or workmen's
<br />compensation, benefit, or disability laws (including but not limited to, the Industrial
<br />Insurance laws, Title 51 of the Revised Code of Washington). CONSULTANT expressly
<br />waives any immunity CONSULTANT might have under such laws, and, by entering into
<br />this Agreement, acknowledges that this waiver has been mutually negotiated.
<br />16. INSURANCE.
<br />16.1. The CONSULTANT shall procure and maintain for the duration of the
<br />Agreement, insurance against claims for injuries to persons or damage to property
<br />which may arise from or in connection with the performance of the work hereunder by
<br />the CONSULTANT, its agents, representatives, employees or subcontractors.
<br />Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support
<br />Page 7ofII
<br />(PSA Form rev. 04119)
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