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<br />b. If the prevailing wage for crafts or classifications subject to this Agreement changes
<br />during the term of this Agreement, the City will accept corresponding increases in
<br />Contractor’s hourly rates when sufficient documentation is received from the Contractor
<br />and verified with the Department of Industrial Relations.
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<br />4. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its
<br />officers, agents and employees (“Indemnitees”), against any and all claims, costs, demands,
<br />causes of action, suits, losses, expenses, attorney’s fees, or liability, arising from or in any
<br />manner related to Contractor’s (includes Contractor’s employees, agents, or subcontractors)
<br />negligent act or omission, whether alleged or actual, regarding the work or services performed or
<br />caused to be performed pursuant to this Agreement and any amendments thereto. Contractor
<br />shall not, however, be obligated to indemnify Indemnitees from Claims arising from the sole
<br />negligence or willful misconduct of Indemnitees. This indemnification includes any claim that
<br />the materials or equipment provided under this Agreement, or any tool, article or process used,
<br />constitutes an infringement of any patent issued by the United States. This indemnification
<br />provision shall survive termination or cancellation of the Agreement.
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<br />5. 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 at
<br />least as broad as Insurance Services Office (ISO) CG 00 01 for at least $1,000,000 per
<br />occurrence, $2,000,000 general aggregate, and $1,000,000 products and completed
<br />operation aggregate for bodily injury and property damage. The policy shall include a per
<br />project or per location general aggregate endorsement. If a per project/location
<br />endorsement is not available, the limit for the general aggregate shall be doubled. The
<br />policy shall provide that the City, its officials, officers, employees, agents, and volunteers
<br />are named additional insureds as evidenced by an additional insured endorsement using
<br />ISO form CG 20 10 (or equivalent) for ongoing operations and satisfactory to the City
<br />Attorney. The policy shall allow and be endorsed primary insurance for work performed
<br />by Contractor and its subcontractors, and that no other insurance or self-insurance
<br />effected by City or other additional insured will be called on to contribute to or cover a
<br />loss covered thereunder. Coverage shall provide and be endorsed to include a waiver of
<br />subrogation in favor of the City and its officials, officers, employees, agents, and
<br />volunteers.
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<br />b. Automobile Liability Insurance. Automobile liability insurance coverage for owned,
<br />non-owned, and hired autos using ISO Business Automobile Coverage form CA 00 01
<br />(or 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
<br />autos shall be provided. The policy shall provide and be endorsed that the City, its
<br />officials, officers, employees, agents, and volunteers are included or named as additional
<br />Docusign Envelope ID: 12D38450-126F-85C2-806D-B77CACC97D2B
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