Agmt13 Universal Maintenance, Inc.

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i 7. Insurance. Contractor shall obtain and maintain for the duration of this Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with this Agreement or the Services performed by Contractor. Throughout the term of this Agreement, Contractor shall obtain and maintain, at its own expense, the minimum insurance coverage set forth below. This Agreement is expressly contingent upon the insurance requirements being met, and this Agreement shall not be complete and no work may commence until Contractor has provided adequate proof of insurance. The insurance will be obtained from an insurance carrier authorized to do business in the State of California. The insurance carrier is required to have an A.M. Best Rating of not less than"A-VII": a. Covera�es and Limits. Contractor, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney, approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. Contractor's insurance policies and coverages are primary insurance, and not excess insurance to the City's insurance policies. The City and its elected officials, officers, agents, volunteers and employees shall be named as additional insureds on all policies. b. Commercial General Liabilitv Insurance with a minimum $1,000,000 limit per occurrence. If the submitted policies contain aggegate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. c. Automobile Liabilitv Insurance with a minimum $1,000,000 limit each accident. Such insurance shall include coverage for owned, hired and non-owned vehicles. d. Workers' Compensation and Emplover's Liabilitv Insurance. Workers' Compensation insurance shall comply with the California Labor Code and Employer's Liability insurance shall contain minimum limits of$1,000,000. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. Contractor hereby grants to City a waiver of any right to subrogation for injuries covered by the Workers' Compensation policy and agrees to obtain an endarsement to the policy whereby the insurer waives any such right. e. Notice of Cancellation. All policies required herein shall be in force during the life of this Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the Notice provisions of this Agreement. f. Providin� Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance evidencing compliance with the insurance requirements, and the additional insured endorsement to the Commercial General Liability policy. ATTY/AGR/2013.023/UNIVERSAL MAINTENANCE AGREEMENT REV:OZ-19-13 MLG Page 2 of 5