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6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials,
<br />employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including
<br />attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries
<br />and damages caused by the sole negligence of the Public Entity.
<br />Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
<br />then, in the event of liability for damages arising out of bodily injury to persons or damages to property
<br />caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers,
<br />officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of
<br />the Contractor's negligence. It is further specifically and expressly understood that the indemnification
<br />provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51
<br />RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the
<br />parties. The provisions of this section 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 with
<br />the performance of the work hereunder by the Contractor, their agents, representatives, employees or
<br />subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required
<br />herein shall not be construed to limit the liability of the Contractor to the coverage provided by such
<br />insurance, or otherwise limit the City's recourse to any remedy available at law or in 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 as least at broad as ISO occurrence form CG
<br />00 01 and shall cover liability arising from premises, operations, independent contractors,
<br />products -completed operations, stop gap liability, personal injury and advertising injury, and
<br />liability assumed under an insured contract. The Commercial General Liability insurance shall
<br />be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or
<br />an equivalent endorsement. There shall be no exclusion for liability arising from explosion,
<br />collapse or underground property damage. The City shall be named as an additional insured
<br />under the Contractor's Commercial General Liability insurance policy with respect to the work
<br />performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and
<br />Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute
<br />endorsements providing at least as broad coverage.
<br />3. Professional Liability Insurance with a minimum coverage of $1,000,000 per claim and
<br />$3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and
<br />form acceptable to the City in the City's sole discretion. Cancellation of the required insurance
<br />shall automatically result in termination of this Agreement.
<br />4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
<br />Washington.
<br />B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
<br />Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
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