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relation to the Waterline Improvements. The contract must include provisions for the benefit of <br /> the City in connection with the Waterline Improvements as set forth below. <br /> a. Insurance Requirements. The construction contract must include <br /> requirements that the contractor shall,at a minimum,maintain commercial general liability <br /> and automobile liability insurance coverage for all of its operations under the contract in <br /> connection with the Waterline Improvements. The City shall be named as an additional <br /> insured under such liability insurance coverage at the same limits of coverage provided to <br /> the Owner, together with provisions providing for waiver of subrogation. All persons <br /> engaged in work under the contract must be covered by workers' compensation insurance. <br /> b. Indemnification and Release. The contract with the Owner's contractor <br /> must name the City as an additional indemnitee whenever the Owner is also named as an <br /> indemnitee and shall provide,in substance that the contractor shall release,indemnify,hold <br /> harmless, and defend the City, its officers, agents, and employees (the "Indemnified <br /> Parties")from and against any and all claims,costs,losses,and damages(including but not <br /> limited to all fees and charges of engineers, architects, attorneys and other professionals <br /> and all court or arbitration or other dispute resolution costs)arising out of or resulting from <br /> the performance of the work described in the construction contract related to the Waterline <br /> Improvements,provided that any such claim, cost, loss or damage: <br /> (i) is attributable to bodily injury, sickness, disease or death, or to injury to or <br /> destruction of tangible property, including the loss of use resulting <br /> therefrom, and <br /> (ii) is caused in whole or in part by any negligent act or omission of the <br /> contractor, any subcontractor, any supplier, any person or organization <br /> directly or indirectly employed by any of them to perform or furnish any of <br /> the work described in the contract related to the Waterline Improvements or <br /> anyone for whose acts any of them may be liable. <br /> (iii) EMPLOYEE PERSONAL INJURY CLAIMS: TO THE FULLEST EXTENT <br /> PERMITTED BY LAW, THE CONTRACT SHALL PROVIDE THAT <br /> THE CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD <br /> HARMLESS THE INDEMNIFIED PARTIES AND SHALL ASSUME <br /> ENTIRE RESPONSIBILITY AND LIABILITY (OTHER THAN AS A <br /> RESULT OF AN INDEMNIFIED PARTY'S SOLE OR GROSS <br /> NEGLIGENCE) FOR ANY CLAIM OR ACTION BASED ON OR <br /> ARISING OUT OF THE PERSONAL INJURY, INCLUDING THE <br /> DEATH, OF ANY EMPLOYEE OF THE CONTRACTOR, <br /> SUBCONTRACTORS, OR ANY SUB-SUBCONTRACTOR, OR OF <br /> ANY OTHER ENTITY FOR WHOSE ACTS THEY MAY BE LIABLE, <br /> WHICH OCCURRED OR WAS ALLEGED TO HAVE OCCURRED ON <br /> THE PROJECT SITE OR IN CONNECTION WITH THE <br /> PERFORMANCE OF THE WORK. THE CONTRACT WILL POVIDE <br /> THAT THE CONTRACTOR WILL INDEMNIFY THE INDEMNIFIED <br />