EKI ENVIRONMENTAL & WATER, INC. - Laserfiche WebLink

Page 3 of 5 performance of its services under this Agreement, regardless of whether the City has reviewed or approved the work or services which has given rise to the claim, loss, damage, injury or liability for damages. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duty to defend the City shall only apply to the extent provided for in California Civil Code Sec. 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e). This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City’s acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph. 12.Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating of no less than A:VII. Contractor shall have the obligation to furnish City the minimum coverages identified below, or such greater or broader coverage for City, if available in the Contractor’s policies: a.General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $2,000,000 per occurrence $4,000,000 general aggregate, and $2,000,0000 products and completed operations aggregate for bodily injury and property damage that provides that the City, its officers, employees and agents are named as additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall allow and be endorsed that this insurance will operate as primary and non- contributory insurance for work performed by Consultant and its subconsultants. b. Workers’ Compensation Insurance. Workers’ Compensation Insurance for all of Consultant’s employees, in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000. c.Professional Liability Insurance. Professional liability insurance in the amount of $2,000,000 per claim and in the annual aggregate. d.Certificate of Insurance. Consultant shall file a certificate of insurance and policy endorsements with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The policies shall be endorsed to provide in writing that the insurance shall not be canceled, without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies. e.Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees and agents. Docusign Envelope ID: C661CF75-4987-4828-A8C7-DB4BC31D3C52