25F - AGMT - STREETCAR CONSTRUCTION

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COOPERATIVE AGREEMENT NO. C -6 -1516 1 occurrence, and $5 Million in aggregate throughout Project construction covering all Project work 2 performed under contract with the AUTHORITY. The Parties shall require all contractors retained to 3 construct or inspect any portion of the Project, exclusive of Construction Contractor's subcontractors, 4 to maintain general liability and automotive liability insurance coverages with minimum liability limits 5 of no less than $1 Million per occurrence, and $2 Million in aggregate throughout Project construction 6 unless otherwise agreed to by the Parties. The AUTHORITY shall require the Construction Contractor 7 to maintain contractor's pollution liability insurance (CPL) with a total liability of no less than $5 Million, 8 per occurrence and $10 Million in the aggregate. The CPL shall include coverage for cleanup costs, 9 third -party bodily injury and property damage resulting from pollution conditions caused by contracting 10 operations. The CPL shall also provide coverage for transportation and off -site disposal of materials, 11 if any. All contractors shall carry Workers' Compensation as required by law. Each insurer shall be 12 licensed to do business in California with an A.M. Best rating level of A -Class VII or better, unless 13 otherwise agreed to by the Parties. 14 B. All policies of insurance required herein, other than Workers' Compensation insurance, 15 shall name the CITY and AUTHORITY and their respective officers, agents and employees as 16 additional insureds. An endorsement to that effect or a copy of the policy adding such additional 17 insureds shall be required prior to the contractor commencing any Project construction. All such 18 policies shall waive any right of subrogation as against the additional insureds and shall provide that 19 no policy shall be suspended, cancelled or reduced except after a minimum of 15 days prior written 20 notice has been provided to CITY and AUTHORITY. 21 ARTICLE 11. ADDITIONAL PROVISIONS 22 A. Term of Agreement: This Agreement shall be in full force and effect from the Effective 23 Date until one year past the first day of Revenue Service, unless earlier terminated as provided herein. 24 The indemnification and defense obligations shall survive the termination of this Agreement. 25 B. Termination: In the event either Party materially defaults in the performance of their 26 obligations under this Agreement or breaches any of the provisions of this Agreement, the non - Page 9 of 15 L \cam m \cle rica I \wo rdproc \agree \ag61516. docx 25F -13