|
obligations hereunder shall remain in effect for ten (10) years following acceptance of the
<br />Improvements by the City Council. Butler acknowledges and agrees that Butler shall be
<br />responsible and liable for the design and construction of the Improvements and other work done
<br />pursuant to this Agreement, and City shall not be liable for any acts or omissions in approving,
<br />reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or
<br />in inspecting, reviewing or approving any work or construction of Improvements. Butler's
<br />improvement security shall not be required to secure Butler's obligations under this Subsection
<br />17.3 beyond the one-year guarantee and warranty period. If, in any judicial proceedings involving
<br />statutory immunity under the Government Claims Act (Government Code Sections 810, et seq.)
<br />asserted by the City, or its officers, agents or employees, is determined by a court of competent
<br />jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or
<br />employees, from potential liability for any alleged acts or omissions under this Subsection 17.3,
<br />then such rights or obligations of indemnity hereunder shall be governed by principles of
<br />comparative fault.
<br />18. Insurance.
<br />18.1 Butler shall, before the release of said Parcel Map by City for recordation, obtain
<br />and maintain in full force and effect during the terns of this Agreement, at Butler's own expense
<br />and risk, Worker's Compensation, a general comprehensive liability insurance policy, and owned,
<br />non -owned, and hired automobile liability insurance. The minimum amounts of coverage
<br />corresponding to the aforesaid categories of insurance per insurable event shall be as follows:
<br />Insurance Cate¢ory Minimum Limits
<br />Workers' Compensation Statutory minimum.
<br />Employer's Liability $1,000,000.00 per accident for bodily injury or disease.
<br />Commercial General Liability $1,000,000.00 per occurrence, $2,000,000.00 aggregate for
<br />bodily injury, personal injury and property damage.
<br />Automobile Liability $2,000,000.00 per occurrence for bodily injury and property
<br />damage (coverage required to the extent applicable to
<br />Contractor's vehicle usage in performing work hereunder).
<br />18.2 Any deductibles or self-insured retentions must be declared to, and approved by
<br />City. At the option of City either (1) Butler's insurer shall reduce or eliminate the deductibles or
<br />self-insured retentions with respect to City, its Council, commissions, boards, committees,
<br />officers, employees and agents, or (2) Butler shall procure a bond guaranteeing payment of losses
<br />and related investigations, claim administration and defense expenses.
<br />18.3 Concurrently with the execution of this Agreement, Butler shall furnish City with
<br />certificates and copies of information or declaration pages of the insurance required hereunder
<br />and, with respect to evidence of commercial general liability, employer's liability, and
<br />automobile liability insurance coverage, original endorsements:
<br />ATTY/AGR/2017.029/1629 MAIN STREET—SUBDIVISION IMPROVEMENT
<br />REV: 02-06-17 PR
<br />Page 8 of 27
<br />
|