Permits & Development - Encroachment(EP)/Driveway(DW) Permits - 2007_EP-07-301 thru EP-07-400_ - EP-07-352

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2. Damage to property of anyone including loss of use thereof; caused or alleged to be caused in whole or in part by any negligent or otherwise legally actionable act or omission of the Contractor or anyone directly or indirectly employed by the Contractor or anyone for whose acts the Contractor may be liable. • Except as otherwise provided by law,these requirements apply regardless of the existence or degree of fault of the State. The Contractor is not obligated to indemnify the State for Claims arising from conduct delineated in Civil Code Section 2782 and to Claims arising from any defective or substandard condition of the highway that existed at or before the start of work,unless this condition has been changed by the work or the scope of the work requires the Contractor to maintain existing highway facilities and the Claim arises from the Contractor's failure to maintain. The Contractor's defense and indemnity obligation shall extend to Claims arising after the work is completed and accepted if the Claims are directly related to alleged acts or omissions by the Contractor that occurred during the course of the work. State inspection is not a waiver of full compliance with these requirements. • The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's inability to evaluate liability or because the Contractor evaluates liability and determine that the Contractor is not liable. The Contractor shall respond within 30 days to the tender of any Claim for defense and indemnity by the State, unless this time has been extended by the State.If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days,in addition to any other remedy authorized by law,the Department may withhold such funds the State reasonably considers necessary for its defense and indemnity until disposition has been made of the Claim or until the Contractor accepts or rejects the tender of defense,whichever occurs first. • With respect to third-party claims against the Contractor,the Contractor waives all rights of any type to express or implied indemnity against the State,its officers,employees,or agents(excluding agents who are design professionals). • Nothing in the Contract is intended to establish a standard of care owed to any member of the public or to extend to the public the status of a third-party beneficiary for any of these indemnification specifications. 7-1.1211 Insurance 7-1.1211(1) General • Nothing in the contract is intended to establish a standard of care owed to any member of the public or to extend to the public the status of a third-party beneficiary for any of these insurance specifications. 7-1.12B(2) Casualty Insurance • The Contractor shall procure and maintain insurance on all of its operations with companies acceptable to the State as follows: 1. The Contractor shall keep all insurance in full force and effect from the beginning of the work through contract acceptance. 2. All insurance shall be with an insurance company with a rating from A.M. Best Financial Strength Rating of A-or better and a Financial Size Category of VII or better. 3. The Contractor shall maintain completed operations coverage with a carrier acceptable to the State through the expiration of the patent deficiency in construction statute of repose set forth in Code of Civil Procedure Section 337.1. 7-1.12B(3) Workers'Compensation and Employer's Liability Insurance • In accordance with Labor Code Section 1860,the Contractor shall secure the payment of worker's compensation in accordance with Labor Code Section 3700. • In accordance with Labor Code Section 1861, the Contractor shall submit to the Department the following certification before performing the work: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers'compensation or to undertake self-insurance in accordance with the provisions of that code,and , I will comply with such provisions before commencing the performance of the work of this contract. • Contract execution constitutes certification submittal. • The Contractor shall provide Employer's Liability Insurance in amounts not less than: 1. $1000 000 for each accident for bodily injury by accident 2. $1000 000 policy limit for bodily injury by disease 3. $1000 000 for each employee for bodily injury by disease Contract No. 10-OM7104 10