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<br />that they control (collectively “Liabilities”) in the performance of its services under this
<br />Agreement, regardless of whether the City has reviewed or approved the work or services which
<br />has given rise to the claim, loss, cost, damage, injury or liability for damages. This
<br />indemnification shall extend for a reasonable period of time after completion of the project as
<br />well as during the period of actual performance of services under this Agreement. The City's
<br />acceptance of the insurance certificates required under this Agreement does not relieve the
<br />Consultant from its obligation under this paragraph. To the extent that there is an obligation to
<br />indemnify under this Section 13, Consultant shall be responsible for incidental and consequential
<br />damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence,
<br />reckless or willful misconduct.
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<br />Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the
<br />extent such Liabilities are caused by the sole negligence, active negligence or willful misconduct
<br />of such Indemnitee. Obligation to defend shall be proportionate as to Consultant’s percentage of
<br />fault as provided in California Civil Code § 2782.8.
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<br />14. Insurance. During the term of this Agreement, Consultant shall maintain in full force and
<br />effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating
<br />of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured,
<br />the minimum coverages identified below, or such greater or broader coverage for City, if
<br />available in the Contractor’s policies:
<br />a. Commercial General Liability Insurance. Commercial general liability insurance
<br />with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, with
<br />limits of at least $2,000,000 per occurrence, $4,000,000 general aggregate, and $2,000,000
<br />products and completed operations aggregate for bodily injury and property damage. The
<br />policy shall include a per project or per location general aggregate endorsement. If a per
<br />project/location endorsement is not available, the limit for the general aggregate shall be
<br />doubled. The policy shall provide that the City, its officials, officers, employees, agents, and
<br />volunteers are named as additional insureds using ISO form CG 20 10 (or equivalent) for
<br />ongoing operations, and, for construction or service agreements, ISO form CG 20 37 (or
<br />equivalent) for completed operations and satisfactory to the City Attorney. The policy shall
<br />allow and be endorsed primary insurance for work performed by Consultant and its
<br />subconsultants, and that no other insurance or self-insurance effected by City or other
<br />additional insured will be contribute to or be called on to cover a loss.
<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) with limits not less than $2,000,000 each accident. If the Consultant’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,
<br />officers, employees, agents, and volunteers are included or named as additional insureds. The
<br />policy shall provide and be endorsed to include a waiver of subrogation in favor of the City,
<br />its officials, officers, employees, agents, and volunteers.
<br />c. Workers’ Compensation and Employer’s Liability Insurance. Statutory Workers’
<br />Compensation and Employer’s Liability Insurance shall be provided for all persons
<br />employed directly or indirectly by Contractor. The Statutory Workers’ Compensation
<br />Insurance and Employer’s Liability Insurance shall be provided with limits of not less than
<br />Docusign Envelope ID: 51FAFAD2-C432-8610-82B1-8C74A5863E3EDocusign Envelope ID: CF4E9CB2-CD8E-8250-8118-86FF73955901
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