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15.1 . The indemnification and defense obligations specified in this Section 15
<br />("lndemnity Obligations") have been mutually negotiated and shall survive the
<br />expiration, abandonment, or termination of this Agreement. The lndemnity 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 />lnspection, acceptance or payment by CITY of or for any Services performed by
<br />CONSULTANT shall not be grounds for avoidance of any lndemnity Obligations.
<br />15.1.1. Professional errors and omissions. For any losses that arise
<br />from
<br />any error, omission, negligence or other malpractice in the exercise of
<br />CONSULTANT's professionaljudgment in the performance of architectural, landscape
<br />architectural, engineering, or land surveying services such that RCW 4.24.115 would
<br />apply, CONSULTANT shall defend, indemnify, and hold the CITY harmless from all
<br />such losses to the extent caused by any violation of law, including state, federal or
<br />municipal law or ordinance, or negligent act, omission, breach of contract, or willful or
<br />intentional misconduct of CONSULTANT. The obligation of indemnity under this
<br />subparagraph does not, however, extend to losses caused by the negligence
<br />(whether sole, concurrent or contributory) of the CITY.
<br />15.1.2. Construction claims. ln the event that this Agreement is
<br />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
<br />the negligence (whether sole, concurrent or contributory) of the CITY.
<br />15.2.ln any and all claims against the CITY by any employee of CONSULTANT,
<br />the indemnification obligations set forth above shall not be limited in any way by any
<br />limitation on the amount or type of damages or compensation benefits payable by or for
<br />CONSULTANT under the applicable worker's or workmen's compensation, benefit, or
<br />disability laws (including but not limited to, the lndustrial lnsurance laws, Title 51 of the
<br />Revised Code of Washington). CONSULTANT expressly waives any immunity
<br />CONSULTANT might have under such laws, and, by entering into this Agreement,
<br />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
<br />by the CONSULTANT, its agents, representatives, employees or subcontractors.
<br />Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support
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