Agmt16 Professional Pipe Services

Browse Search

kind, nature and description, including attorneys' fees, experts fees, court costs and disbw�ements,that arise out of,pertain to,�or relate to such Claims,whether directly or indirectly ("Liabilit}�'). Such obligations to defend, hold harniless and indemnify the City shall not apply to the extent that such Liability is caused by the sole negligence or willful misconduct of the City. With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type of express or implied indemnity against the Indemnitees. However, notwithstanding the foregoing, in accordance with California Civil Code Section 1668, nothing in this Agreement shall be construed to exempt the City from its own fraud,willful injury to the person or property of another,or violation of law. Furthermore,notwithstanding the forgoing, to the extent this Agreement is a construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prolubited by Califomia Civil Code Section 2782. Nothing herein contained in this Agreement shall be construed to require Contractor to indemnify Indeinnitees against any responsibility or liability in contravention of California Civil Code Section 2782.8. The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City"s self-administered workers'compensation is included as a loss,expense or cost for the purposes of this section. 7. Insurance. Contractor shall obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons ar damage to property which may arise out of or in connection with performance of the Services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M.Best rating of not less than"A-:VII". 7.1 Coverages and Limits. Contractor, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. 7.1.1 �ommercial General Liabilitv Ipsurance. Contractor shall maintain occurrence based coverage with limits not less than$1,000,000 per occunence. ff the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy shall be endorscd to name the City, its officers, agents, employees and volunteers as additional insureds, and to state th�t the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City. 7.1.2 Business Automobile Liabilitv Insurance. Contractor shall maintain REV:03-16-16 VR Page 2 of12 ATTY/AGR.2016.052/Professional Pipe Services