RecDoc 2020-058559 CONF - Laserfiche WebLink

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hereunder will be governed by principles of comparative fault. This Section 17 will survive the early termination of this Agreement. 18. Insurance. Developer will, before the release of Building Permit, obtain and maintain in full force and effect during the term of this Agreement the following insurance policies: 18.1 General Liability. Developer shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. Developer's general liability policies shall be primary and non- contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. 18.2 Workers' Compensation. Developer shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least One Million Dollars ($1,000,000). Developer shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. 18.3 Auto Liability. Developer shall provide auto liability coverage for owned, non -owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than One Million Dollars ($1,000,000) per accident. If Developer owns no vehicles, this requirement may be met through a non -owned auto endorsement to the CGL policy. 18.4 Builder's Risk Insurance. Upon commencement of construction and with approval of City, Developer shall obtain and maintain Builder's Risk/Course of Construction insurance. Policy shall be provided for replacement value on an "all-risk" basis. The City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project; (2) coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. Developer shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. 18.5 Contractors Pollution Liability. Pollution Coverage shall be provided on a Contractors Pollution Liability form or other form acceptable to City providing REV: 12-16-19 PR ATTY/AGR.2019.315/Woodside Professional Center, LLC (Page 9 of 22)