|
4.Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its officers,
<br />agents and employees (“Indemnities”), against any and all claims, costs, demands, causes of
<br />action, suits, losses, expenses, attorney’s fees, or liability, arising from or in any manner related to
<br />Contractor’s (includes Contractor’s employees, agents, or subcontractors) negligent act or
<br />omission, whether alleged or actual, regarding the work or services performed or caused to be
<br />performed pursuant to this Agreement and any amendments thereto. Contractor shall not, however,
<br />be obligated to indemnify Indemnities from claims arising from the sole negligence or willful
<br />misconduct of Indemnities. This indemnification includes any claim that the materials or
<br />equipment provided under this Agreement, or any tool, article or process used, constitutes an
<br />infringement of any patent issued by the United States. This indemnification provision shall
<br />survive termination or cancellation of the Agreement.
<br />5.Insurance. During the term of this Agreement, Contractor shall maintain at its own cost and
<br />expense the following insurance coverage with insurers with an A.M. Best’s rating of no less than
<br />A:VII. Contractor shall have the obligation to furnish City, as additional insured, the minimum
<br />coverages identified below, or such greater or broader coverage for City, if available in the
<br />Contractor’s policies
<br />a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with
<br />limits of at least $2,000,000 combined limit for bodily injury and property damage that
<br />provides that the City, its officers, employees and agents are named additional insured’s under
<br />the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney.
<br />The policy shall further state in writing either on the Certificate of Insurance or attached rider
<br />that this insurance will operate as primary insurance for work performed by Contractor and its
<br />subcontractors, and that no other insurance effected by City or other named insured will be
<br />called on to cover a loss.
<br />b. Automobile Liability Insurance. Automobile liability insurance with limits not less than
<br />$2,000,000 per person/per occurrence.
<br />c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Contractor's
<br />employees shall be in strict compliance with State laws, including a waiver of subrogation and
<br />Employer’s Liability Insurance with limits of at least $1,000,000.
<br />For work or services deemed public works, by signing this Agreement, Contractor is certifying,
<br />pursuant to Section 1861 of the California Labor Code, that: "I am aware of the provisions of
<br />Section 3700 of the Labor Code which require every employer to be insured against liability
<br />for workers' compensation or to undertake self-insurance in accordance with the provisions of
<br />that Code, and I will comply with such provisions before commencing the performance of the
<br />work of this Contract."
<br />d. Certificate of Insurance. Contractor shall file a certificate of insurance with the City prior to
<br />the City’s execution of this Agreement, and prior to engaging in any operation or activity set
<br />forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance
<br />afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or
<br />in limits without providing notice to the City in accordance with California Insurance Code
<br />Page 41 of 90
|