Agmt20 Town of Atherton - Laserfiche WebLink

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B. City agrees to indemnify, defend and hold harmless RWC, its officers, officials, agents, and employees, against all claims, damages, demands, liability, costs, losses, and expenses arising from any injury to any person which occurs as a result of the negligence of City, its officers, employees or agents in the performance of this Contract. C. In the event of concurrent negligence, liability for any claims, suits, or actions arising out of this Contract shall be apportioned between RWC and City under the established California rules of comparative negligence. The provisions of this paragraph shall survive termination or suspension of this Contract. 16. RWC TO PROVIDE INSURANCE: A. RWC shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section, or the equivalent. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best's rating of no less than A VII (an NR rating is acceptable for Worker's Compensation insurance written with the State Compensation Insurance Fund of California). B. Prior to execution of this Contract and prior to commencement of any work, the RWC shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The RWC and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by RWC and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of RWC or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of RWC. REV: 07-15-2020 EI 1. Worker's Compensation and Employer's Liability Insurance a. Worker's Compensation - Insurance to protect the RWC, its contractors and subcontractors from all claims under Worker's Compensation and Employer's Liability Acts, including Longshoremen's and Harbor Worker's Act ("Acts"), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations. The RWC shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents. b. RWC shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the RWC. 2. Commercial General Liability Insurance a. The insurance shall be provided on form C00001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subRWC's work and personal and advertising injury resulting from actions, ATTY/AGR 2020 127/Town of Atherton (Page 5 of 12)