|
6. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain
<br />and shall require any subcontractors to obtain and maintain insurance as described below for the
<br />entire Term of this Agreement against claims for injuries to persons or damage to property which
<br />may arise from or in connection with services, products and materials supplied to City. Total cost
<br />of such insurance shall be borne by Consultant.
<br />Minimum Scope and Limit of Insurance.
<br />• Commercial General Liability (CGL): Insurance Services Office Form CG 00
<br />01covering CGL on an "occurrence" basis, including products and completed
<br />operations, property damage, bodily injury and personal & advertising injury with
<br />limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required
<br />policy limits can be met with primary and umbrella/excess insurance policies.
<br />• Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1
<br />(any auto), with limits no less than $1,000,000 combined single limits. In the event
<br />Consultant does not maintain commercial automobile liability insurance, City will
<br />accept evidence of personal automobile insurance.
<br />• Workers' Compensation: as required by the State of California, with Statutory Limits,
<br />and Employer's Liability Insurance with limit of no less than $1,000,000 per accident,
<br />policy or employee, for bodily injury or disease. Coverage is not required if Consultant
<br />has no employees and signs request to waive such insurance.
<br />• Professional Liability Insurance: with limits no less than $1,000,000 per occurrence
<br />or claim, and $2,000,000 aggregate.
<br />• If Consultant maintains broader coverage and/or higher limits than the minimum
<br />requirements for each line of coverage shown above, City requires and shall be entitled
<br />to the broader coverage and/or the higher limits maintained by Consultant. Any
<br />available insurance proceeds in excess of the specified minimum limits of insurance
<br />and coverage shall be available to City.
<br />Other Insurance Provisions. The above required insurance policies are to contain or be
<br />endorsed to contain the following provisions:
<br />• City, its City Council, its officers, officials, employees, agents, and volunteers are to
<br />be covered as additional insureds, under Consultant's CGL, Professional Liability, and
<br />Automobile Liability policies, with respect to any liability arising out of work or
<br />operations performed by or on behalf of the Instructor including materials, parts,
<br />equipment, and personnel furnished in connection with such work or operations.
<br />• Consultant's Insurance company(ies) agrees to waive all rights of subrogation against
<br />City, its City Council, its officers, officials, employees, agents, and volunteers for
<br />losses paid under the terms of any policy which arise from work performed by
<br />Consultant under this Agreement.
<br />• For any claims related to this contract, Consultant's insurance coverage shall be
<br />primary and any insurance maintained by City, its City Council, its officers, officials,
<br />employees, agents, or volunteers shall not contribute with it.
<br />Page 3 of 9
<br />
|