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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
<br />Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's
<br />liability hereunder shall be only to the extent of the Consultant's negligence. It is further
<br />specifically and expressly understood that the indemnification provided herein constitutes the
<br />Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
<br />purposes of this indemnification. This waiver has been mutually negotiated by the parties.
<br />The provisions of 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 />1. 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.
<br />Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
<br />substitute form providing equivalent liability coverage. If necessary, the policy
<br />shall be endorsed to provide contractual liability coverage.
<br />2. Commercial General Liability insurance with limits no less than $1,000,000 each
<br />occurrence, $2,000,000 general aggregate. Commercial General Liability
<br />insurance shall be written on ISO occurrence form CG 00 01 and shall cover
<br />liability arising from premises, operations, independent contractors and personal
<br />injury and advertising injury. The City shall be named as an insured under the
<br />Consultant's Commercial General Liability insurance policy with respect to the
<br />work performed for the City.
<br />3. Workers' Compensation coverage as required by the Industrial Insurance laws of
<br />the State of Washington.
<br />c4A revised : 1-2013
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