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HomeMy WebLinkAboutContracts & Agreements_6-2004_CCv0001.pdf 20. Insurance. a. Subdivider's Insurance to be Prim All insurance required by this Agreement is to be maintained by Subdivider for the duration of this Agreement and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Subdivider shall provide City with Certificates of Insurance evidencing such insurance within fifteen (15) days of execution of this Agreement. b. Worker's Compensation and Employer's Ligbility. 1. Subdivider shall have Worker's Compensation and Employer's Liability insurance in force throughout the duration of the Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to City. Such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written notice to City. Certificates of Insurance shall be delivered to City within fifteen (15) days of execution of this Agreement. 2. Subdivider expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Subdivider for City by expressly waiving Subdivider's immunity for injuries to Subdivider's employees and agrees that the obligation to indemnify,defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Subdivider. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Subdivider, its officer, agents and employees. C. Comprehensive General Liability Insurance. Subdivider shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance covering all work under this Agreement, including work done by subcontractors, with carriers acceptable to City. Minimum coverage of one million dollars($1,000,000)per occurrence and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written notice to the City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Certificates of insurance shall be delivered to City within fifteen(15) days of execution of this Agreement. d. Business Auto Liabilitv Insurance. Subdivider shall have business auto liability coverage, with minimum limits of one million ($1,000,000)per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Subdivider owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership vehicles. LA'niployee Folders\Tom f,ujiwai-a'�MYFII,f,'S"Dl�VEI,01"�,MS\MS 263\SIA 263.vkpd 9