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ATTY/AGR/2016.065/BAY AREA PAVING INC. COST SHARED SIDEWALK REPAIR PROJECT
<br />REV: 03-31-16 FF
<br />Page 2 of 7
<br />to all services performed in connection with this Agreement, defend with counsel acceptable to
<br />City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and
<br />against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or
<br />willful misconduct of the Contractor, subcontractor, or anyone directly or indirectly employed by
<br />any of them or anyone for whose acts any of them may be liable (“Claims”). Contractor will bear
<br />all losses, costs, damages, expense and liability of every kind, nature and description, including
<br />attorneys’ fees, experts fees, court costs and disbursements, that arise out of, pertain to, or relate
<br />to such Claims, whether directly or indirectly (“Liability”). Such obligations to defend, hold
<br />harmless and indemnify the City shall not apply to the extent that such Liability is caused by the
<br />sole negligence or willful misconduct of the City.
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<br />With respect to third party claims against the Contractor, the Contractor waives any and all
<br />rights of any type of express or implied indemnity against the Indemnitees.
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<br />However, notwithstanding the foregoing, in accordance with California Civil Code Section
<br />1668, nothing in this Agreement shall be construed to exempt the City from its own fraud, willful
<br />injury to the person or property of another, or violation of law.
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<br />Furthermore, notwithstanding the forgoing, to the extent this Agreement is a construction
<br />contract” as defined by California Civil Code section 2783, as may be amended from time to time,
<br />such duties of Contractor to indemnify shall not apply when to do so would be prohibited by
<br />California Civil Code Section 2782.
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<br />Nothing herein contained in this Agreement shall be construed to require Contractor to
<br />indemnify Indemnitees against any responsibility or liability in contravention of California Civil
<br />Code Section 2782.8.
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<br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense
<br />City incurs or makes to or on behalf of an injured employee under the City's self-administered
<br />workers' compensation is included as a loss, expense or cost for the purposes of this section.
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<br /> 7. Insurance. Contractor shall obtain and maintain for the duration of the
<br />Agreement and any and all amendments, insurance against claims for injuries to persons or damage
<br />to property which may arise out of or in connection with performance of the Services by Contractor
<br />or Contractor’s agents, representatives, employees or subcontractors. The insurance carrier is
<br />required to maintain an A.M. Best rating of not less than “A-:VII”.
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<br />7.1 Coverages and Limits. Contractor, at its sole expense, shall maintain the types of
<br />coverages and minimum limits indicated below, unless otherwise approved by City in
<br />writing. These minimum amounts of coverage will not constitute any limitations or cap on
<br />Contractor's indemnification obligations under this Agreement.
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<br />7.1.1 Commercial General Liability Insurance. Contractor shall maintain
<br />occurrence based coverage with limits not less than $1,000,000 per occurrence. If
<br />the submitted policies contain aggregate limits, such limits will apply separately to
<br />the Services, project, or location that is the subject of this Agreement or the
<br />6.1.C. - Page 5
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