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4) Excess or Umbrella Liability. <br />The Contractor shall provide Excess or Umbrella Liability coverage <br />at limits of $5,000,000 per occurrence and annual aggregate. This <br />Excess or Umbrella Liability coverage shall apply, at a minimum, to <br />both the Commercial General and Auto Insurance policy coverage. <br />a This requirement may be satisfied instead through the Contractor's <br />primary Commercial General and Automobile Liability coverage, or <br />any combination thereof. <br />5) Workers' Compensation. <br />• Workers' Compensation in amounts required by law. <br />6) Pollution Liability. <br />The Contractor shall provide a Pollution Liability policy, providing <br />coverage for claims involving bodily injury, property damage <br />(including loss of use of tangible property that has not been <br />physically injured), cleanup costs, remediation, disposal or other <br />handling of pollutants, including costs and expenses incurred in the <br />investigation, defense, or settlement of claims arising out of: <br />e Contractor's operations related to this project; and/or <br />Remediation, abatement, repair, maintenance or other work <br />with lead -based paint or materials containing asbestos; and/or <br />Transportation of hazardous materials away from any site <br />related to this project <br />Such Pollution Liability policy shall provide the following minimum <br />coverage: <br />a $2,000,000 each loss and <br />61 $5,000,000 annual aggregate <br />Contractor shall furnish the County a Certificate of Insurance with Endorsement as <br />evidence that policies providing insurance required by this Agreement are in full force and <br />effect. Contractor hereby waives all rights of recourse, including any right to which another <br />may be subrogated, against Kittitas County for personal injury, including death, and <br />property damage. Contractor's insurance policies required above shall be primary <br />insurance and shall be non-contributing with any other insurance maintained by Kittitas <br />County. <br />The Contractor shall assume full responsibility for all loss or damage from any <br />cause whatsoever to any tools, Contractor's employee -owned tools, machinery, <br />equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's <br />agents, suppliers or contractors as well as to any temporary structures, scaffolding and <br />protective fences. <br />The Contractor shall have sole responsibility for ensuring the insurance coverage <br />and limits required are obtained by subcontractors. <br />NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with <br />Endorsement, properly completed and in the amount required, is attached hereto. <br />Professional Services Agreement <br />Page 16 <br />