|
and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000
<br />in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
<br />and representatives as additional insured(s); (b) be primary and not contributory with
<br />respect to insurance or self-insurance programs maintained by the City; and (c) contain
<br />standard separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit
<br />of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
<br />owned, hired and non -owned automobiles.
<br />C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
<br />the Labor Code, Contractor, if Provider has any employees, is required to be insured against
<br />liability for worker's compensation or to undertake self-insurance. Prior to commencing
<br />the performance of the work under this Agreement, Provider agrees to obtain and maintain
<br />any employer's liability insurance with limits not less than $1,000,000 per accident.
<br />d. If Provider is or employs a licensed professional such as an architect or engineer:
<br />Professional liability (errors and omissions) insurance, with a combined single limit of not
<br />less than $1,000,000 per claim with $2,000,000 in the aggregate.
<br />e. The following requirements apply to the insurance to be provided by Provider pursuant to
<br />this section:
<br />i. Provider shall maintain all insurance required above in full force and effect for the
<br />entire period covered by this Agreement.
<br />ii. Certificates of insurance shall be famished to the City upon execution of this
<br />Agreement and shall be approved by the City.
<br />iii. Certificates and policies shall state that the policies shall not be canceled or reduced
<br />in coverage or changed in any other material aspect without thirty (30) days prior
<br />written notice to the City.
<br />iv. Where the amounts or coverage provided by the certificates of insurance provides
<br />coverage greater than those listed by this Agreement, the amounts provided by the
<br />certificates of insurance shall be incorporated by reference into the Agreement.
<br />V. Provider shall supply City with a fully executed additional insured endorsement.
<br />f. If Provider fails or refuses to produce or maintain the insurance required by this section or
<br />fails or refuses to furnish the City with required proof that insurance has been procured and
<br />is in force and paid for, the City shall have the right, at the City's election, to forthwith
<br />terminate this Agreement. Such termination shall not affect Contractor's right to be paid
<br />for its time and materials expended prior to notification of termination. Provider waives
<br />the right to receive compensation and agrees to indemnify the City for any work performed
<br />prior to approval of insurance by the City.
<br />7. INDEMNIFICATION
<br />Provider agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including death, and claims for property damage, which may arise from the negligent operations
<br />of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates
<br />3
<br />25B-5
<br />
|