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5. Ownership and Use of Documents. All documents, drawings, specifications and other materials
<br />produced by the Consultant in connection with the services rendered under this Agreement shall
<br />be the property of the City whether the project for which they are made is executed or not. The
<br />Consultant shall be permitted to retain copies, including reproducible copies, of drawings and
<br />specifications for information, reference and use in connection with the Consultant's endeavors.
<br />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 in this
<br />Agreement.
<br />6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this
<br />Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and
<br />regulations, applicable to the services rendered under this Agreement.
<br />7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
<br />employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
<br />including attorney fees, arising out of or resulting from the acts, errors or omissions of the
<br />Consultant in performance of this Agreement, except for injuries and damages caused by the sole
<br />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 and
<br />the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall
<br />be only to the extent of the Consultant's negligence. It is further specifically and expressly
<br />understood that the indemnification provided herein constitutes the Consultant's waiver of
<br />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
<br />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 or in
<br />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 provided by
<br />such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
<br />A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types
<br />and with the limits described below:
<br />Commercial General Liability insurance with limits no less than $2,000,000 each
<br />occurrence, $2,000,000 general aggregate. Commercial General Liability insurance
<br />shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability
<br />arising from premises, operations, stop -gap independent contractors and personal
<br />injury and advertising injury. The City shall be named as an additional insured under
<br />the Consultant's Commercial General Liability insurance policy with respect to the work
<br />performed for the City using an additional insured endorsement at least as broad as
<br />ISO endorsement form CG 20 26.
<br />2. Workers' Compensation coverage as required by the Industrial Insurance laws of the
<br />State of Washington.
<br />3. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
<br />policy aggregate limit. Professional Liability insurance shall be appropriate to the
<br />Consultant's profession.
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