15-057-IDS-001 Contract - Laserfiche WebLink

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City of Anacortes and Aqua Terr Systems,Inc. Contract 15-057-IDS-001 7. Ownership and Use of Documents. All finished and unfinished documents and material prepared by the Contractor with funds paid by the City pursuant to the terms of this Agreement shall become the property of the City and shall be forwarded to the City upon its request. Documents and materials shall include but not be limited to plans, specifications, reports, electronic and non-electronic data, and other design documents prepared by the Contractor. Pursuant to RCW 42.56.70, all information and documents produced under this Agreement may be subject to public disclosure. 8. Defense and Indemnity Agreement. The Contractor shall defend, indemnify and hold the City, its appointed and elective officers, officials, employees and volunteers harmless from any and all claims, injuries including death at any time resulting there from, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.42.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Clause shall survive the expiration or termination of this Agreement. 9. General and Professional Liability Insurance. The Consultant shall secure and maintain in full force and effect during performance of any on-site work pursuant to this Agreement a policy of comprehensive general liability insurance providing coverage of at least$1,000,000 per occurrence and $2,000,000 aggregate for personal injury; $1,000,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of$1,000,000. The City shall be named as an additional insured on the General Liability Policy and shall include a provision prohibiting cancellation of said policy, except upon thirty(30)days written notice to the City. Certificates of coverage shall be delivered to the City within fifteen (15)days of execution of this Agreement. Certificates of coverage shall be obtained in accordance with this provision by Consultant's subcontractors, first-tier and lower tier, who may contemplate working on City premise. A. Minimum scope of insurance that shall be maintained by the Contractor is as follows: Automobile Liability Insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual. Commercial General Liability insurance shall be written on ISO occurrence from CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Professional Liability insurance shall be appropriate to the Contractor's profession. B. The Contractor shall maintain insurance limits no lower than the minimum limits listed below: Page-3-of8