|
Prior to undertaking performance of work under this Agreement, NES shall maintain and shall require
<br /> any subcontractors to obtain and maintain insurance as described below for the entire Term of this
<br /> Agreement against claims for injuries to persons or damage to property which may arise from or in
<br /> connection with services, products and materials supplied to City.Total cost of such insurance shall be
<br /> borne by NES.
<br /> MINIMUM SCOPE AND LIMIT OF INSURANCE
<br /> 1. Commercial General Liability(CGL): Insurance Services Office Form CG 00 0lcovering CGL on an
<br /> "occurrence" basis, including products and completed operations, property damage, bodily
<br /> injury and personal &advertising injury with limits no less than $1,000,000 per occurrence and
<br /> $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess
<br /> insurance policies.
<br /> 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with
<br /> limits no less than $1,000,000 combined single limits. In the event NES does not maintain
<br /> commercial automobile liability insurance, City will accept evidence of personal automobile
<br /> insurance.
<br /> 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and
<br /> Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or
<br /> employee, for bodily injury or disease. Coverage is not required if NES has no employees and
<br /> signs request to waive such insurance.
<br /> 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim,
<br /> and $2,000,000 aggregate.
<br /> If NES maintains broader coverage and/or higher limits than the minimum requirements for each line of
<br /> coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher
<br /> limits maintained by NES.Any available insurance proceeds in excess of the specified minimum limits of
<br /> insurance and coverage shall be available to City.
<br /> Other Insurance Provisions
<br /> The above required insurance policies are to contain or be endorsed to contain the following provisions:
<br /> 1. City, its City Council, its officers, officials, employees, agents,and volunteers are to be covered
<br /> as additional insureds, under NES's CGL, Professional Liability, and Automobile Liability policies,
<br /> with respect to any liability arising out of work or operations performed by or on behalf of the
<br /> Instructor including materials, parts, equipment, and personnel furnished in connection with
<br /> such work or operations.
<br /> 2. NES's Insurance company(ies)agrees to waive all rights of subrogation against City, its City
<br /> Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms
<br /> of any policy which arise from work performed by NES under this Agreement.
<br /> 3. For any claims related to this contract, NES's insurance coverage shall be primary and any
<br /> insurance maintained by City, its City Council, its officers, officials, employees, agents, or
<br /> volunteers shall not contribute with it.
<br />
|