|
<br />EXCERPTS FROM MTC'S AGREEMENT WITH RSTP CONSULTANTS
<br />
<br />THESE PROVISIONS ARE PROVIDED FOR REFERENCE ONL y. IT IS THE CLIENT
<br />JURISDICTION'S RESPONSIBILITY TO OBTAIN FROM MTC A COPY OF THE
<br />PROVISIONS APPLICABLE TO EACH CONSULTANT, AS THEY MAY DIFFER FROM
<br />YEAR TO YEAR.
<br />
<br />RSTP Consultant's Indemnification ofMTC and All Client Jurisdictions
<br />
<br />CONSULTANT shall indemnify and hold harmless MTC and Client Jurisdictions, their
<br />commissioners, directors, officers, agents, and employees, from any and all claims, demands,
<br />suits, loss, damages, injury, and/or liability, direct or indirect (including any and all costs and
<br />expenses in connection therewith), incurred by reason of any negligent or otherwise wrongful act
<br />or omissions of CONSULTANT, its officers, agents, employees and subcontractors, or any of
<br />them, under or in connection with this Agreement; and CONSULTANT agrees, at its own cost,
<br />expense, and risk, to defend any and all such claims, actions, suits, or other legal proceedings
<br />brought or instituted against MTC and Client Jurisdictions, their commissioners, directors,
<br />officers, agents, and employees, or any of them, arising out of such negligent or otherwise
<br />wrongful act or omission, and to pay and satisfy any resulting judgments.
<br />The indemnification and hold harmless obligation defined above shall not apply to claims,
<br />demands, etc. to the extent they arise from or are caused by the gross negligence or willful
<br />misconduct ofMTC or any client jurisdictions. However, the above obligation to defend shall
<br />apply to all claims, demands, etc. caused or alleged to have been caused by the negligence or
<br />wrongful acts or omissions of CONSULTANT.
<br />
<br />Consultant's Insurance Requirements
<br />
<br />A. Minimum Coverages. CONSULTANT shall, at its own expense, obtain and maintain in
<br />effect at all times during the life of this Agreement the following types of insurance against
<br />claims, damages and losses due to injuries to persons or damage to property or other losses that
<br />may arise in connection with the performance of work under this Agreement, placed with
<br />insurers with a Best's rating of A-X or better.
<br />1. Workers' Compensation Insurance, as required by law, and Employer's Liability
<br />Insurance in an amount no less than $1,000,000 (for bodily injury by accident and by disease
<br />(policy limit and each employee)). Such Workers' Compensation Insurance and Employer's
<br />Liability Insurance requirement shall be waived for CONSULTANT if and for only as long as
<br />CONSULTANT is a sole proprietor with no employees.
<br />2. Commercial General Liability Insurance ("occurrence" form), with a combined single
<br />limit of not less than $1,000,000 for bodily injury and property damage each occurrence, a
<br />combined single limit of not less than $1,000,000 for personal injury and advertising injury, and
<br />$2,000,000 general aggregate.
<br />3. Owned, Non-Owned and Hired Automobile Liability Insurance in the amount of
<br />$1,000,000 each accident.
<br />4. Errors and Omissions Professional Liability Insurance in the amount of $1 ,000,000. If
<br />coverage is written on a claims-made form, CONSULTANT agrees to maintain continuous
<br />coverage in effect from the date of the beginning of services to at least three years beyond the
<br />termination of services.
<br />
|