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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 thisAgreement.
<br />6.Compliance with Laws. The Consultant shall, in performing the services contemplated by
<br />thisAgreement,faithfullyobserveandcomplywithallfederal,state,andlocallaws,ordinances
<br />and regulations, applicable to the services rendered under thisAgreement.
<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 />omissionsoftheConsultantinperformanceofthisAgreement,exceptforinjuriesanddamages
<br />caused by the sole negligence of theCity.
<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
<br />and the City, its officers, officials, employees, and volunteers, the Consultant s liability
<br />hereunder shall be only to the extent of the Consultant s negligence. It is further specifically
<br />andexpresslyunderstoodthattheindemnificationprovidedhereinconstitutestheConsultant's
<br />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
<br />this section shall survive the expiration or termination of thisAgreement.
<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,oremployees.
<br />agreementshallnotbeconstruedtolimittheliabilityoftheConsultanttothecoverageprovided
<br />recourse to any remedy available at law orin
<br />equity.
<br />A.Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
<br />types and with the limits describedbelow:
<br />1.AutomobileLiabilityinsurancewithaminimumcombinedsinglelimitforbodilyinjury
<br />and property damage of $1,000,000 per accident. Automobile Liability insurance
<br />shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be
<br />written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
<br />providing equivalent liability coverage. If necessary, the policy shall be endorsed to
<br />provide contractual liabilitycoverage.
<br />2.Commercial General Liabilityinsurance with limits no less than $2,000,000 each
<br />occurrence, $2,000,000 general aggregate. Commercial General Liability
<br />insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
<br />cover liability arising from premises, operations, stop-gapindependent contractors
<br />and personal injury and advertising injury. The City shall be named as an
<br />additionalinsured
<br />policywithrespecttotheworkperformedfortheCityusinganadditionalinsured
<br />endorsement at least as broad as ISO endorsement form CG20 26.
<br />3. coverage as required by the Industrial Insurance laws of
<br />the State ofWashington.
<br />CA revised May2020 Page 2
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