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The Contractor and/or its Subcontractor and/or its design consultant <br />providing construction management, value engineering, or any other <br />design -related non -construction professional services shall provide <br />evidence of Professional Liability Insurance covering professional <br />errors and omissions. Such policy must provide the following <br />minimum limits: <br />$3,000,000 per Claim <br />• $5,000,000 annual aggregate <br />If the scope of such design -related professional services includes <br />work related to pollution conditions, the Professional Liability <br />insurance shall include Pollution Liability coverage <br />If insurance is on a claims -made form, its retroactive date, and that <br />of all subsequent renewals, shall be no later than the effective date <br />of this Agreement. <br />Contractor shall furnish the County a Certificate of Insurance with Endorsement as <br />evidence that policies providing insurance required by this Agreement are in full force and <br />effect. Contractor hereby waives all rights of recourse, including any right to which another <br />may be subrogated, against Kittitas County for personal injury, including death, and <br />property damage. Contractor's insurance policies required above shall be primary <br />insurance and shall be non-contributing with any other insurance maintained by Kittitas <br />County. <br />The Contractor shall assume full responsibility for all loss or damage from any cause <br />whatsoever to any tools, Contractor's employee -owned tools, machinery, equipment, or <br />motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers <br />or contractors as well as to any temporary structures, scaffolding and protective fences. <br />The Contractor shall have sole responsibility for ensuring the insurance coverage and <br />limits required are obtained by subcontractors. <br />NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with <br />Endorsement, properly completed and in the amount required, is attached hereto. <br />Professional Services Agreement <br />Page 17 <br />