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CC_Minutes_2010_1122
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CC_Minutes_2010_1122
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12/14/2010 11:58:24 AM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
11/22/2010
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275 b. All policies, except the Worker's Compensation Policy, shall contain a waiver of <br /> 276 subrogation naming "the City of Roseville"; <br /> 277 <br /> 278 c. All policies, except the Worker's Compensation Policy, shall name "the City of <br /> 279 Roseville" as an additional insured; <br /> 280 <br /> 281 d. All policies, except the Worker's Compensation Policy, shall insure the defense <br /> 282 and indemnify obligations assumed by Contractor under this Agreement; and <br /> 283 <br /> 284 e. All policies shall contain a provision that coverages afforded thereunder shall not <br /> 285 be canceled or non renewed or restrictive modifications added, without thirty (30) <br /> 286 days prior written notice to the City. <br /> 287 <br /> 288 A copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as <br /> 289 applicable, which evidences the compliance with this Paragraph 18, must be filed <br /> 290 with City prior to the start of Contractor's Work. Such documents evidencing <br /> 291 insurance shall be in a form acceptable to City and shall provide satisfactory evidence <br /> 292 that Contractor has complied with all insurance requirements. Renewal certificates <br /> 293 shall be provided to City prior to the expiration date of any of the required policies. <br /> 294 City will not be obligated, however, to review such declaration page, Rider, <br /> 295 Endorsement or certificates or other evidence of insurance, or to advise Contractor of <br /> 296 any deficiencies in such documents and receipt thereof shall not relieve Contractor <br /> 297 from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's <br /> 298 obligations hereunder. City reserves the right to examine any policy provided for <br /> 299 under this Provision 18. <br /> 300 <br /> 301 E. If Contractor fails to provide the insurance coverage specified herein, the Contractor <br /> 302 will defend, indemnify and hold harmless the City, the City's officials, agents and <br /> 303 employees from any loss, claim, liability and expense (including reasonable <br /> 304 attorney's fees and expenses of litigation) to the extent necessary to afford the same <br /> 305 protection as would have been provided by the specified insurance. Except to the <br /> 306 extent prohibited by law, this indemnity applies regardless of any strict liability or <br /> 307 negligence attributable to the City (including sole negligence) and regardless of the <br /> 308 extent to which the underlying occurrence (i.e., the event giving rise to a claim which <br /> 309 would have been covered by the specified insurance) is attributable to the negligent or <br /> 310 otherwise wrongful act or omission (including breach of contract) of Contractor, its <br /> 311 contractors, subcontractors, agents, employees or delegates. Contractor agrees that <br /> 312 this indemnity shall be construed and applied in favor of indemnification. Contractor <br /> 313 also agrees that if applicable law limits or precludes any aspect of this indemnity, <br /> 314 then the indemnity will be considered limited only to the extent necessary to comply <br /> 315 with that applicable law. The stated indemnity continues until all applicable statutes <br /> 316 of limitation have run. <br /> 317 <br /> 318 Contractor shall execute and deliver to City a Performance and Payment Bond with a <br /> 319 corporate surety in the sum of $25,000.00 or equal "equal" may include a Letter of <br /> 320 Credit from a banking institution approved by City). This Contract will not become <br /> 7 <br />
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