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<br />Confidential
<br />expenses or liability, including attorneys’ fees, to the extent caused by Contractor’s (includes
<br />Contractor’s employees, agents, or subcontractors) negligent act or omission, whether alleged or
<br />actual, regarding the work performed or caused to be performed pursuant to this Agreement and
<br />any amendments thereto. Contractor shall not, however, be obligated to indemnify Indemnitees
<br />from Claims arising from the negligence or willful misconduct of Indemnitees. This
<br />indemnification includes any claim that the materials or equipment provided under this
<br />Agreement, or any tool, article or process used, constitutes an infringement of any patent issued
<br />by the United States. This indemnification provision shall survive termination or cancellation of
<br />the Agreement.
<br />13.Title and Risk of Loss. Title and risk of loss for materials and equipment will pass to City upon
<br />delivery to City at City’s location or such other location specified by City.
<br />14.Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect,
<br />at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating of no
<br />less than A:VII. Contractor shall have the obligation to furnish City, as additional insured, the
<br />minimum coverages identified below, or such greater or broader coverage for City, if available in
<br />the Contractor’s policies:
<br />a.General Liability and Bodily Injury Insurance. Commercial general liability insurance with
<br />coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, with limits of at
<br />least $2,000,000 per occurrence, $4,000,000 general aggregate, and $2,000,000 products and
<br />completed operations aggregate for bodily injury and property damage. The policy shall provide
<br />that the City, its officials, officers, employees, agents, and volunteers are named as additional
<br />insureds using ISO form CG 20 10 (or equivalent) for ongoing operations, and for construction
<br />or service agreements, ISO form CG 20 37 (or equivalent) for completed operations and
<br />satisfactory to the City Attorney. The policy shall allow and be endorsed as primary insurance
<br />for work performed by Contractor and its subconsultants, and that no other insurance or self-
<br />insurance effected by City or other named additional insured will contribute to or be called on to
<br />cover a loss.
<br />b.Automobile Liability Insurance. Automobile liability insurance coverage for owned, non-owned,
<br />and hired autos using ISO Business Automobile Coverage form CA 00 01 (or equivalent) with
<br />limits not less than $2,000,000 each accident. If the Contractor’s business/company does not own
<br />any automobiles, coverage for hired and non-owned autos shall be provided. The policy shall
<br />provide and be endorsed that the City, its officials, officers, employees, agents, and volunteers
<br />are included or named as additional insureds. The policy shall provide and be endorsed to
<br />include a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and
<br />volunteers.
<br />c.Workers’ Compensation Insurance. Statutory Workers’ Compensation and Employer’s Liability
<br />Insurance shall be provided for all persons employed directly or indirectly by Contractor. The
<br />Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
<br />provided with limits of not less than $1,000,000 each accident, $1,000,000 by disease-policy
<br />limit, and $1,000,000 by disease-each employee. The coverage shall provide and be endorsed to
<br />include a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and
<br />volunteers. The requirement to maintain Statutory Worker’s Compensation and Employer’s
<br />Docusign Envelope ID: 6AD75F50-8A33-85A5-8039-9E3E1257A838Docusign Envelope ID: 177582DA-4F1C-8834-813C-BC4FD03AA45E
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