Non_Professional_Services_Agreement_for_Crane

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Non-Professional Services Agreement between 1/05/2026 City of San Leandro and Bigge Crane and Rigging Co.—Exhibit E Page 2 of 3 provide general liability policy additional insured endorsement on ISO CG 2038 12/19. Notwithstanding Subcontractor’s indemnity obligations herein, Subcontractor shall have no indemnity or defense obligations for any claims covered by any OCIP/CCIP, even if the OCIP/CCIP policy limits are exhausted. City will purchase and maintain a broad form All - Risk Builder’s Risk insurance policy, including work in progress and completed work, for the full cost of repair or replacement making Subcontractor a named insur ed (or endorsed to make Subcontractor additional insured and provide a waiver of subrogation). In the event of a loss, the City will pay any deductibles or uninsured perils. 7. Delay: Subcontractor shall use best commercial efforts to respond to any equipment breakdown or out-of-service condition, but in no event shall Subcontractor be liable for any delay, work stoppage, equipment loss of use, loss of time, inconvenience, lost p rofits, or any direct, indirect, incidental, liquidated, special or consequential damages. Subcontractor shall be entitled to compensation for any delays not caused by its fault. 8. Strike: Subcontractor shall not be liable for any damages in the event of a lawful strike or labor dispute and shall be compensated for failed mobilization and other costs resulting therefrom. Subcontractor is a signatory to Labor Union Subcontracts and ca nnot provide non-union labor. 9. Termination: Subcontractor shall be compensated for work completed on or prior to the termination date in the event of early termination. City shall have no takeover rights to Subcontractor’s equipment and no right to have any work performed at Subcontract or’s expense. 10. Limitation of Liability: In no event shall Subcontractor’s total liability exceed 15% of the NPSA value for anything that is not covered by insurance, and this shall be City’s sole remedy. Any indemnity provided by Subcontractor herein shall not apply to a ny damages arising out of bodily injury to a person, damage to property, or economic loss to the extent caused by or resulting from the fault of any other party. Subcontractor assumes no liability or responsibility for the adequacy of the design or strengt h of any jacking, support point or lifting lug embedded or attached to any object to which it attaches for handling or holding, whether furnished by City, manufacturer or others. Equipment lifting, jacking and support points will be at mutually agreeable locations. 11. Equipment, Multiple Crane Coordination and Controlling Entity: If at any time more than one crane or Equipment will be operating on the project, City as the “controlling entity” defined in OSHA Regulation CFR 1926.1401, shall have the overall responsibilit y for instituting a system to coordinate operations, Equipment, planning, construction, and completion of the project as required by CFR 1926.1424(b) or any state or jurisdictional equivalent where the project is located. Following the erection of the crane(s) and any weight testing of the crane(s) by Subcontractor, City as the controlling entity shall institute a system to Docusign Envelope ID: 45800B51-034E-4980-A85F-05AABF1082F1