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<br />8.
<br />
<br />Council, officers, boards, commissions, agents, or employees by reason of any injury to
<br />or death of any person or damage suffered or sustained by any person or corporation,
<br />caused by, or alleged to have been caused by, any act or omission to act, negligent or
<br />otherwise, of Contractor, its officers, agents or employees in the performance of any
<br />work required of Contractor by this Agreement.
<br />
<br />The duty of Contractor to indemnify and save harmless, as set forth herein, shall include
<br />a duty to defend as set forth in Section 2778 of the California Civil Code; provided,
<br />however, that nothing herein shall be construed to require Contractor to indemnify City,
<br />its Council, officers, boards, commissions, agents and employees against any
<br />responsibility or liability in contravention of Section 2782 of the California Civil Code.
<br />
<br />Contractor, at its sole cost and expense, shall acquire and maintain in full force and
<br />effect throughout the term of this Agreement Workers' Compensation, employer's
<br />liability, commercial general liabWty, and owned, non-owned and hired automobile
<br />tiability insurance coverage relating to Contractor's Work to be performed hereunder
<br />covering City's risks in form subject to the approval of the City Attorney. The minimum
<br />amounts of coverage corresponding to the aforesaid categories of insurance per
<br />insurable event shall be as follows:
<br />
<br />Insurance CateQorv
<br />Workers' Compensation
<br />
<br />Minimum Limits
<br />Statutory minimum.
<br />
<br />Employer's Liability
<br />
<br />$1,000,000.00 per accident for bodily injury or
<br />disease.
<br />
<br />Commercial General Liability
<br />
<br />$1,000,000.00 per occurrence, $2,000,000
<br />aggregate for bodily injury, personal injury and
<br />property damage.
<br />
<br />$2,000,000.00 per occurrence, (coverage
<br />required to the extent applicable to Contractor's
<br />vehicle usage in performing work hereunder).
<br />
<br />Any deductibles or self-insured retentions must be declared to, and approved by City. At
<br />the option of City either Contractor's insurer shall reduce or eliminate the deductibles or
<br />self-insured retentions with respect to City, its Council, commissions, boards,
<br />committees, officers, employees and agents or Contractor shall procure a bond
<br />guaranteeing payment of losses and related investigations, claim administration and
<br />defense expenses.
<br />
<br />Concurrently with the execution of this Agreement, Contractor shall furnish City with
<br />certificates and copies of information or declaration pages of the insurance required
<br />hereunder and, with respect to evidence of commercial general liability and automobile
<br />liability insurance coverage, original endorsements:
<br />
<br />(a) Precluding cancellation or reduction in coverage before the expiration of thirty (30)
<br />days after City shall have received written notification of cancellation or reduction in
<br />coverage by first class mail, postage prepaid;
<br />
<br />(b) Providing that Contractor's insurance shall apply separately to each insured
<br />against whom claim is made or suit is brought, except with respect to the limits of
<br />the insurer's liability (cross liability endorsements);
<br />
<br />Automobile Liability
<br />
<br />ATTY/AGR/2006.035
<br />0719CJ6
<br />
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