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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 Consultants 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, ordinances
<br />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 damages
<br />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 Consultant
<br />and the City, its officers, officials, employees, and volunteers, the Consultants liability
<br />hereunder shall be only to the extent of the Consultants negligence. It is further specifically
<br />and expressly understood that the indemnification provided herein constitutes the Consultant'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 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.
<br />agreement shall not be construed to limit the liability of the Consultant to the coverage provided
<br />recourse to any remedy available at law or in
<br />equity.
<br />A.MinimumAmounts andScope of Insurance. Consultant shall obtain insurance of the
<br />types andwith thelimits described below:
<br />1.Automobile Liabilityinsurance with a minimum combined single limit for bodily injury
<br />and property damage of$1,000,000 per accident.Automobile Liability insurance
<br />shall coverall 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 liability coverage.
<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-gap independent contractors
<br />and personal injury and advertising injury. The City shall be named as an
<br />additional insured
<br />policy with respect to the work performed for the City using an additional insured
<br />endorsement at least as broad as ISO endorsement form CG 20 26.
<br />3.coverage as required by the Industrial Insurance laws of
<br />the State of Washington.
<br />CA revisedMay 2020 Page 2
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