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<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 />
<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 />
<br />a. Commercial General Liability Insurance. Commercial general liability insurance at least as
<br />broad as Insurance Services Office (ISO) CG 00 01 for limits of at least $2,000,000 per
<br />occurrence, $4,000,000 general aggregate, and $2,000,000 products and complete operation
<br />aggregate for bodily injury and property damage. The policy shall include a per project or per
<br />location general aggregate endorsement. If a per project/location endorsement is not available,
<br />the limit for the general aggregate shall be doubled. The policy shall provide that the City, its
<br />officers, employees, volunteers and agents are named additional insureds as evidenced by an
<br />additional insured using ISO form CG 20 10 (or equivalent) for ongoing operations and
<br />satisfactory to the City Attorney. The policy shall allow and be endorsed primary insurance
<br />for work performed by Contractor and its subcontractors, and that no other insurance or self-
<br />insurance effected by City or other additional insured will be called on to contribute to or cover
<br />a loss thereunder. Coverage shall provide and be endorsed to include a waiver of subrogation
<br />in favor of the City and its officials, officers, employees, volunteers, and agents.
<br />
<br />b. Automobile Liability Insurance. Automobile liability insurance coverage for owned, non-
<br />owned, and hired autos using ISO Business Automobile Coverage form CA 00 01 (or
<br />equivalent) in an amount not less than $2,000,000 each accident. If the Contractor’s
<br />business/company does not own any automobiles, coverage for hired and non-owned autos
<br />shall be provided. The policy shall provide and be endorsed that the City, its officials, officers,
<br />employees, agents, and volunteers are included or named as additional insureds. The policy
<br />shall provide and be endorsed to include a waiver of subrogation in favor of the City, its
<br />officials, officers, employees, agents, and volunteers.
<br />
<br />c. Workers' Compensation and Employer’s Liability Insurance. Statutory Workers'
<br />Compensation and Employer’s Liability Insurance shall be provided for all persons employed
<br />directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and
<br />Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 each
<br />accident, $1,000,000 by disease-policy limit, and $1,000,000 by disease-each employee. No
<br />proprietor, partner, executive officer, or member shall be excluded. In the alternative,
<br />Contractor may rely on a self-insurance program to meet those requirements, but only if the
<br />program of self-insurance complies fully with the provisions of the California Labor Code.
<br />Determination of whether a self-insurance program meets the standards of the California Labor
<br />Docusign Envelope ID: DAE6D8AF-BF69-4C23-B861-58AA0D8C544C
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