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REV: 07-16-24 LF <br />1.1 Coverages and Limits. Vendor, at its sole expense, will maintain the types <br />of coverages and minimum limits indicated below, unless otherwise approved by <br />City in writing. These minimum amounts of coverage will not constitute any <br />limitations or cap on Vendor's indemnification obligations under this Agreement. <br />1.1.1 Commercial General Liability Insurance. Vendor will maintain <br />occurrence based coverage with limits not less than $2,000,000 per <br />occurrence. If the submitted policies contain aggregate limits, such limits <br />will apply separately to the Services, project, or location that is the subject <br />of this Master Purchase Agreement or the aggregate will be twice the <br />required per occurrence limit. The Commercial General Liability insurance <br />policy will be endorsed to name the City, its officers, agents, employees and <br />volunteers as additional insureds, and to state that the insurance will be <br />primary and not contribute with any insurance or self-insurance maintained <br />by the City. <br />1.1.2 Business Automobile Liability Insurance. Vendor will maintain <br />coverage with limits not less than $1,000,000 per each accident for owned, <br />hired and non-owned automobiles. <br />1.1.3 Workers' Compensation and Employer's Liability Insurance. Vendor <br />will maintain coverage as required by the California Labor Code and <br />Employer’s Liability limits with limits not less than $1,000,000 per each <br />accident for bodily injury or disease. The Worker’s Compensation policy will <br />contain an endorsement stating that the insurer waives any right to <br />subrogation against the City, its officers, agents, employees, and <br />volunteers. The Workers’ Compensation and Employer’s Liability Insurance <br />will not be required if Vendor provides the City with a declaration, to the <br />City’s satisfaction, that Vendor has no employees. <br /> <br />1.2. Notice of Cancellation. This insurance will be in force during the life of the <br />Agreement and any extensions of it and will not be canceled without Vendor <br />providing thirty (30) days prior written notice to City sent pursuant to the Notice <br />provisions of this Agreement. <br />1.3 Providing Certificates of Insurance and Endorsements. Prior to City’s <br />execution of this Agreement, Vendor will provide to City certificates of insurance <br />and above-referenced endorsements sufficient to satisfaction of City’s Risk <br />Manager. In no event will Vendor commence any work or provide any Services <br />under this Agreement until certificates of insurance and endorsements have been <br />accepted by City’s Risk Manager. <br />1.4 Failure to Maintain Coverage. If Vendor fails to comply with these insurance <br />requirements, then City will have the option to declare Vendor in breach, or may <br />purchase replacement insurance or pay the premiums that are due on existing <br />policies in order to maintain the required coverages. Vendor is responsible for any <br />ATTY/AGR.2024.110/Stevens Creek Quarry, Inc. (Purchase of Backfill Materials) (Page 9 of 10)