AgdaPkt 2017-11-13 Interview Closed and Joint SA PFA

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PUBLIC WORKS SERVICES DEPARTMENT FY 2017-18 STORM PUMP REPAIR SERVICES NIB 17 OF 21 misconduct of the Contractor, subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable (“Claims”). Contractor will bea r all losses, costs, damages, expense and liability of every kind, nature and description, including attorneys’ fees, experts fees, court costs and disbursements, that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liability”). Such obligations to defend, hold harmless 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, th e 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 exem pt 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 prohibited by California Civil Code Section 2782. Nothing herein contained in this Agreement shall be construed to require Contractor to indemnify Indemnitees 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 or 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 carr ier 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 Commercial General Liability Insurance. Contractor shall maintain occurrence based coverage with limits not less than $2,000,000 per occurrence. If the submitted policies contain aggregate limits, such limits will apply separately to the 6.1.B. - Page 27