|
10.2 HAZARDOUS SUBSTANCES INDEMNIFICATION
<br />The Contractor shall indemnify, defend with counsel acceptable to the City, protect and hold harmless the
<br />City, its officers, officials, employees, agents, assigns and any successor or successors to the City's
<br />interest from and against all claims, damages (including but not limited to special, consequential, natural
<br />resources and punitive damages) injuries, response mediation and removal costs, losses, demands, debts,
<br />liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges,
<br />penalties, attorney's fees for the adverse party and expenses (including but not limited to attorneys' and
<br />expert witness fees and costs incurred in connection with defending against any of the foregoing or in
<br />enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City
<br />or its officers, officials, employees, agents, assigns, or contractors arising from or attributable to acts or
<br />omissions, including but not limited to any repair, cleanup or detoxification, or preparation and
<br />implementation of any removal, remedial, response, closure or other plan (regardless of whether
<br />undertaken due to governmental action), concerning any hazardous substance or Hazardous Wastes at
<br />any place where the Contractor transports, stores or disposes of Solid Waste pursuant to this Agreement.
<br />The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA,
<br />42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, to defend, insure,
<br />protect, hold harmless and indemnify the City from liability. This article shall not be applicable to the extent
<br />such Hazardous Wastes emanated from or were collected by the Contractor at a City Facility.
<br />10.3 INSURANCE SCOPE AND LIMITS
<br />The Contractor shall procure and maintain for the duration of the contract insurance against claims for
<br />injuries tQ persons or damages to property which may arise from or in connection with the performance of
<br />the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. With
<br />respect to General Liability, Errors & Omissions and Pollution and/or Environmental Impairment Liability,
<br />coverage should be maintained for a minimum of five (5) years after contract completion. The maintenance
<br />of claims made against any insurance required of the Contractor shall not be considered a waiver by City
<br />of any claim or liabilities it may have against the Contractor.
<br />A. Minimum Sco a of Insurance. Coverage shall be at least as broad as:
<br />Insurance Services Office form number GO 0002 (Ed.1/73), covering comprehensive
<br />General Liability, and Insurance Services Office form number GO 0404, covering Broad
<br />Form Comprehensive General Liability; or Insurance Services Office Commercial General
<br />Liability coverage ("occurrence" farm CG 0001).
<br />ii. Insurance Services Office form number CA 0001 (Ed.1/78), covering Automobile Liability,
<br />code 1 (any auto) and endorsement CA 0025.
<br />iii. Worker's Compensation Insurance as required by the State of California and Employer's
<br />Liability Insurance.
<br />r:~~a~nr~n;z.~t ovoiioo Page 40 of 59
<br />
|