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25N - AGMT - SOLID WASTE SRVS
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08/16/2016
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25N - AGMT - SOLID WASTE SRVS
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2/23/2017 1:56:16 PM
Creation date
8/11/2016 3:59:28 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25N
Date
8/16/2016
Destruction Year
2021
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agents, or employees pursuant to Section I of this Agreement, of CONTRACTOR's covenants <br />hereunder, or any failure or omission thereof <br />Said policy or policies of insurance shall provide coverage for both bodily injury <br />and property damage in not less that the following minimum amount: One Hundred Million <br />Dollars ($100,000,000.00) combined single limit and, in addition, Ten Million Dollars <br />($10,000,000.00) of Environmental Impairment Liability coverage for bodily injury, property <br />damage and cleanup costs as it relates to the transportation of Solid Waste. Said insurance shall <br />protect CONTRACTOR and CITY from any claim for damages for bodily injury, including <br />accidental death, as well as from any claim for property damage which may arise from operations <br />perfonned pursuant to this Agreement, whether such operations be by CONTRACTOR itself, or <br />by its agents, employees, and/or subcontractors. Such policy or policies shall contain severability <br />of interests clauses so that the rights and duties of the CITY are clearly separate from <br />CONTRACTOR's interests. Said policy or policies shall also contain a provision that no <br />termination, cancellation or change of coverage of insured or additional insured shall be effective <br />until after thirty (30) days prior written notice by certified mail thereof has been given to CITY. <br />CONTRACTOR shall give CITY prompt and timely notice of any claim made or suit instituted, <br />(f) Insurance Responsibility for CITY Owned Solid Waste Collection and Recycling <br />Vehicles: This Agreement expressly and absolutely transfers the entire responsibility for any and <br />all damage to the CITY owned Solid Waste collection and Recycling vehicles, and any and all <br />liability arising out of the use of such vehicles, directly and completely to CONTRACTOR. This <br />same transfer includes the requirement that CONTRACTOR has expressly agreed to be <br />contractually, fully and completely responsible for complying with all of the State of California's <br />Motor Vehicle Insurance laws, rules and regulations. To be more specific, this includes having <br />CONTRACTOR insure each and every CITY Solid Waste collection and Recycling vehicle for <br />auto liability and physical damage, including both collision and comprehensive insurance, The <br />amount of auto liability insurance shall be not less than One Hundred Million Dollars <br />($100,000,000.00) combined single limit, covering auto bodily injury and property damage for <br />owned, non -owned and hired vehicles. Collision and Comprehensive coverage shall be insured on <br />an actual cash value basis. If the physical damage insurance is insured on a loss -limit basis, the <br />toss limit shall be equal to or exceed the actual cash value of all of the CITY Solid Waste collection <br />and Recycling vehicles. Insurers shall be currently rated by A.M. Best Company with a minimum <br />rating at A VII. The policy or policies shall contain severability of interest clauses so that the right <br />and duties of the CITY are clearly separate from CONTRACTOR's interests. The CITY, its <br />officers, agents and employees shall be additional insureds. CONTRACTOR will verify to CITY <br />that adequate funds are available to pay any liability Self- Insured Retention, collision and <br />comprehensive deductibles, or other self - insurance plans approved by the CITY. Ninety (90) days <br />or more of prior notice for material change in coverage, exclusions and conditions or cancellation <br />will be endorsed onto CONTRACTOR's policies in favor of the CITY. Loss Payee endorsements <br />or similar clauses will be endorsed onto CONTRACTOR's property insurance policies protecting <br />the CITY'S Solid Waste collection and Recycling vehicles. Endorsements to all policies with <br />policy declaration pages will be required. Certificates of Insurance shall be provided prior to <br />receiving insurer policy endorsements. <br />(g) Indemnification: CONTRACTOR shall indemnify and save harmless CITY, its <br />officers and employees, against any and all damages to property or injuries to or death of any <br />28 <br />25N -35 <br />
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