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6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, <br />officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits <br />including attorney fees, arising out of or in connection with the performance of this Agreement, except for <br />injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction <br />determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages <br />arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent <br />negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the <br />Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further <br />specifically and expressly understood that the indemnification provided herein constitutes the <br />Contractor's 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 this section <br />shall survive the expiration or termination of this Agreement. <br />7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance <br />against claims for injuries to persons or damage to property which may arise from or in connection <br />with the performance of the work hereunder by the Contractor, their agents, representatives, <br />employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits <br />as required herein shall not be construed to limit the liability of the Contractor to the coverage <br />provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in <br />equity. <br />A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits <br />described below: <br />1. Automobile Liability insurance with a minimum combined single limit for bodily injury and <br />property damage of $1,000,000 per accident. Automobile liability insurance shall cover all <br />owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services <br />Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If <br />necessary, the policy shall be endorsed to provide contractual liability coverage. <br />2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, <br />$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. <br />Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 <br />and shall cover liability arising from premises, operations, independent contractors, products - <br />completed operations, stop gap liability, personal injury and advertising injury, and liability <br />assumed under an insured contract. The Commercial General Liability insurance shall be <br />endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an <br />equivalent endorsement. There shall be no endorsement or modification of the Commercial <br />General Liability Insurance for liability arising from explosion, collapse or underground <br />property damage. The City shall be named as an insured under the Contractor's Commercial <br />General Liability insurance policy with respect to the work performed for the City using ISO <br />Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed <br />Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent <br />coverage. <br />3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of <br />Washington. <br />CA Revised 1-2013 Page 2 of 9 <br />40 <br />