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<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 work
<br />required of Contractor by this Agreement.
<br />
<br />The duty of Contractor to indemnify and save harmless, as set forth herein, shall include a
<br />duty to defend as set forth in Section 2778 of the California Civil Code; provided, however,
<br />that nothing herein shall be construed to require Contractor to indemnify City, its Council,
<br />officers, boards, commissions, agents and employees against any responsibility or liability
<br />in contravention of Section 2782 of the California Civil Code.
<br />
<br />8. Contractor, at its sole cost and expense, shall acquire and maintain in full force and effect
<br />throughout the term of this Agreement Workers' Compensation, employer's liability,
<br />commercial general liability, and owned, non-owned and hired automobile liability
<br />insurance coverage relating to Contractor's Work to be performed hereunder covering
<br />City's risks in form subject to the approval of the City Attorney. The minimum amounts of
<br />coverage corresponding to the aforesaid categories of insurance per insurable event shall
<br />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 />Automobile Liability $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, committees,
<br />officers, employees and agents or Contractor shall procure a bond guaranteeing payment
<br />of losses and related investigations, claim administration and 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 />(c) Naming City, its Council, commissions, boards, committees, officers, employees
<br />and agents as additional insureds; and
<br />
<br />J:L2007 PROJECT FILES\VERA AVENUE SEWER REHABILlTATION\CONTRACT DOCS
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