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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 with <br />the Consultant's endeavors. The Consultant shall not be responsible for any use of the said <br />documents, drawings, specifications or other materials by the City on any project other than <br />the project specified in this Agreement. <br />6. Compliance with Laws. The Consultant shall, in performing the services contemplated by <br />this Agreement, faithfully observe and comply with all federal, state, and local laws, <br />ordinances and regulations, applicable to the services rendered under this Agreement. <br />7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, <br />officials, employees and volunteers harmless from any and all claims, injuries, damages, <br />losses or suits including attorney fees, arising out of or resulting from the acts, errors or <br />omissions of the Consultant in performance of this Agreement, except for injuries and <br />damages caused by the sole negligence of the City. <br />Should a court of competent jurisdiction determine that this Agreement is subject to RCW <br />4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or <br />damages to property caused by or resulting from the concurrent negligence of the Consultant <br />and the City, its officers, officials, employees, and volunteers, the Consultant's liability <br />hereunder shall be only to the extent of the Consultant's negligence. It is further specifically <br />and expressly understood that the indemnification provided herein constitutes the Consultant's <br />waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this <br />indemnification. This waiver has been mutually negotiated by the parties. The provisions of <br />this section shall survive the expiration or termination of this Agreement. <br />8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, <br />insurance against claims for injuries to persons or damage to property which may arise from <br />or in connection with the performance of the work hereunder by the Consultant, its agents, <br />representatives, or employees. Consultant's maintenance of insurance as required by the <br />agreement shall not be construed to limit the liability of the Consultant to the coverage <br />provided by such insurance, or otherwise limit the City's recourse to any remedy available at <br />law or in equity. <br />A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the <br />types and with the limits described below: <br />CA revised : 1 -2013 <br />Automobile Liability insurance with a minimum combined single limit for bodily <br />injury and property damage of $1,000,000 per accident. Automobile Liability <br />insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage <br />shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute <br />form providing equivalent liability coverage. If necessary, the policy shall be <br />endorsed to provide contractual liability coverage. <br />Page 2 <br />103 <br />