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Tukwila Pond Park Development Design
<br />Robert W. Droll, Landscape Architect, P.S.
<br />Landscape Architecture Services
<br />E. The Consultant's records and accounts pertaining to this Agreement are to be kept
<br />available for inspection by representatives of the City and state for a period of three
<br />(3) years after final payments. Copies shall be made available upon request.
<br />5. Ownership and Use of Documents. All documents, drawings, specifications and other
<br />materials produced by the Consultant in connection with the services rendered under this
<br />Agreement shall be the property of the City whether the project for which they are made is
<br />executed or not. The Consultant shall be permitted to retain copies, including reproducible
<br />copies, of drawings and specifications for information, reference and use in connection
<br />with the Consultant's endeavors, without further permission from, or compensation to the
<br />City. The Consultant shall not be responsible for any use of the said documents, drawings,
<br />specifications or other materials by the City on any project other than the project specified
<br />in this Agreement.
<br />6. Compliance with Laws. The Consultant shall, in performing the services contemplated
<br />by this Agreement, faithfully observe and comply with all federal, state, and local laws,
<br />ordinances and regulations, applicable to the services to be rendered under this Agreement.
<br />7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
<br />officers, agents and employees, from and against any and all claims, losses or liability,
<br />including attorney's fees, arising from injury or death to persons or damage to property
<br />occasioned by any act, omission or failure of the Consultant, its officers, agents and
<br />employees, in performing the work required by this Agreement. With respect to the
<br />performance of this Agreement and as to claims against the City, its officers, agents and
<br />employees, the Consultant expressly waives its immunity under Title 51 of the Revised
<br />Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees
<br />that the obligation to indemnify, defend and hold harmless provided for in this paragraph
<br />extends to any claim brought by or on behalf of any employee of the Consultant. This
<br />waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage
<br />resulting from the sole negligence of the City, its agents and employees. To the extent any
<br />of the damages referenced by this paragraph were caused by or resulted from the
<br />concurrent negligence of the City, its agents or employees, this obligation to indemnify,
<br />defend and hold harmless is valid and enforceable only to the extent of the negligence of
<br />the Consultant, its officers, agents and employees.
<br />8. Insurance. The Consultant shall secure and maintain in force throughout the duration of
<br />this contract comprehensive general liability insurance, with a minimum coverage of
<br />$500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per
<br />occurrence/ aggregate for property damage, and professional liability insurance in the
<br />amount of $1,000,000.
<br />Said general liability policy shall name the City of Tukwila as an additional named insured
<br />and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
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