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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 <br />officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the <br />extent of the Contractor's negligence. It is further specifically and expressly understood that the <br />indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial <br />Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually <br />negotiated by the parties. The provisions of this section shall survive the expiration or termination of <br />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 $2,000,000 each occurrence, <br />$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate <br />limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence <br />form CG 00 01 and shall cover liability arising from premises, operations, independent <br />contractors, products -completed operations, stop gap liability, personal injury and advertising <br />injury, and liability assumed under an insured contract. The Commercial General Liability <br />insurance shall be endorsed to provide a per project general aggregate limit using ISO form <br />CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability <br />arising from explosion, collapse or underground property damage. The City shall be named <br />as an additional insured under the Contractor's Commercial General Liability insurance policy <br />with respect to the work performed for the City using ISO Additional Insured endorsement CG <br />20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or <br />substitute endorsements providing at least as broad coverage. <br />3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of <br />Washington. <br />B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance <br />limits than the minimums shown above, the Public Entity shall be insured for the full available limits <br />of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective <br />of whether such limits maintained by the Contractor are greater than those required by this Contract <br />or whether any certificate of insurance furnished to the Public Entity evidences limits of liability <br />lower than those maintained by the Contractor. <br />C. 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 <br />insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage <br />maintained by the City shall be excess of the Contractor's insurance and shall not contribute with <br />it. <br />D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating <br />of not less than A: VII. <br />CA Revised May 2020 Page 2 of 4 <br />4 <br />