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<br />period of time after completion of the project as well as during the period of actual performance
<br />of services under this Agreement. The City’s acceptance of the insurance certificates required
<br />under this Agreement does not relieve the Consultant from its obligation under this paragraph.
<br />Consultant shall only be required to reimburse City for defense fees and costs (including
<br />reasonable attorney's fees), in proportion to Consultant’s proven acts of negligence and further,
<br />only to the extent such fees and costs were directly attributable to the City’s defense of a suit
<br />based on Consultant’s proven negligence. The Parties also acknowledge that this Agreement is
<br />subject to California Civil Code 2782.8 as amended and effective January 1, 2018.
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<br />12. 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:
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<br />a. Commercial General Liability Insurance. Commercial general liability insurance with
<br />coverage at least as broad as Insurance Services Office (ISO) form CG 00 01 or carrier
<br />equivalent, with limits of at least $2,000,000 per occurrence, $4,000,000 general
<br />aggregate, and $2,000,000 products and completed operations aggregate for bodily injury
<br />and property damage. The policy shall include a per project or per location general
<br />aggregate endorsement. If a per project/location endorsement is not available, the limit
<br />for the general aggregate shall be doubled. The policy shall provide that the City, its
<br />officials, officers, employees, designated agents, and volunteers are named as additional
<br />insureds using ISO form CG 20 10 (or carrier equivalent) for ongoing operations, and, for
<br />construction or service agreements, ISO form CG 20 37 (or carrier equivalent) for
<br />completed operations and satisfactory to the City Attorney. The policy shall allow and be
<br />endorsed primary insurance for work performed by Consultant and its subconsultants,
<br />and that no other insurance or self-insurance effected by City or other additional insured
<br />will be contribute to or be called on to cover a loss.
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<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
<br />autos shall be provided. The policy shall provide and be endorsed that the City, its
<br />officials, officers, employees, designated agents, and volunteers are included or named as
<br />additional insureds. The policy shall provide and be endorsed to include a waiver of
<br />subrogation in favor of the City, its officials, officers, employees, agents, and volunteers.
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<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
<br />than $1,000,000 each accident, $1,000,000 by disease-policy limit, and $1,000,000 by
<br />disease-each employee. The coverage shall provide and be endorsed to include a waiver
<br />of subrogation in favor of the City, its officials, officers, employees, designated agents,
<br />and volunteers. The requirement to maintain Statutory Worker’s Compensation and
<br />Employer’s Liability Insurance may be waived by the City upon written verification that
<br />Contractor does not have any employees.
<br />Docusign Envelope ID: C46F6467-48FC-8755-8247-09E863327CA7Docusign Envelope ID: A1F306CD-3D85-8219-8045-1E730ABF3862
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