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