|
thereof, except such injuries or damages occasioned
<br />by acts of the Federal Government or the public
<br />enemy.
<br />5.411 No Personal Liability Neither the City
<br />Council, the City Engineer, nor any other officer or
<br />authorized assistant or agent or employee shall be
<br />personally responsible for any liability arising
<br />under the contract.
<br />5.412 Resi)onsibility of CitX The City of Lodi
<br />shall not be he I d responsible for the care or
<br />protection of any material or parts of the work
<br />prior to final acceptance, except as expressly
<br />provided in these specifications.
<br />5.413 Insurance Requirements for Contractor The
<br />Contractor shall take out and maintain during the
<br />life of this contract, insurance coverage as listed
<br />below. These insurance policies shall prctect the
<br />Contractor and any subcontractor performing work
<br />covered by this contract from claims for damages for
<br />personal injury, including accidental death, as well
<br />as from claims for property damages, which may arise
<br />from Contractor's operations under this contract,
<br />whether such operations be by Contractor or by any
<br />subcontractor or by anyone directly or indirectly
<br />employed by either of them, and the amount of such
<br />insurance shall be as follows:
<br />1. COMPREHENSIVE GENERAL LIABILITY
<br />$1,000,000 Bodily Injury -
<br />Ea. Occurrence/Aggregate
<br />$1,000,000 Property Damage -
<br />Ea. Occurrence/Aggregate
<br />or
<br />$1,000,000 Combined Single Limits
<br />2. COMPREHENSIVE AUTOMOBILE LIABILITY
<br />$1,000,000 Bodily Injury - Ea. Person
<br />$1,000,000 Bodily Injury - Ea. Occurrence
<br />$1,000,000 Property Damage - Ea. Occurrence
<br />or
<br />$1,000,000 Combined Single Limits
<br />A copy of the certificate of insurance with the
<br />following endorsements shall be furnished to the
<br />City:
<br />(a) Additional Named Insured Endorsement
<br />Such insurance as is afforded by this policy
<br />shall also apply to the City of Lodi, its
<br />elected and appointed Boards, Commissions,
<br />Officers, Agents and Employees as additional
<br />named insureds insofar as work performed by
<br />the insured under written contract with the
<br />City of Lodi. This endorsement shall be on
<br />the form furnished by the City.
<br />(b) Primary Insurance Endorsemen
<br />Such insurance as is afforded by the
<br />endorsement for the Additional Insureds shall
<br />apply as primary insurance. Any other
<br />insurance maintained by the City of Lodi or
<br />5.5
<br />its officers and employees shall be excess
<br />only and not contributing with the insurance
<br />afforded by this endorsement.
<br />(c) Severability of Interest Clause
<br />The term "insured" is used severally and not
<br />collectively, but the inclusion herein of
<br />more than one insured shall not operate to
<br />increase the limit of the company's
<br />liability.
<br />(d) Notice of Cancellation or Change in
<br />Coveraoe Endorsement
<br />This policy may not be cancelled nor the
<br />coverage reduced by the company without
<br />30 days prior written notice of such
<br />cancellation or reduction in coverage to the
<br />City Attorney, City of Lodi, Call Box 3006,
<br />Lodi, CA 95241.
<br />5.414 Compensation Insurance The Contractor
<br />shall take out and maintain during the life of this
<br />contract, Worker's Compensation Insurance for all of
<br />Contractor's employees employed at the site of the
<br />project and, if any work is sublet, Contractor shall
<br />require the subcontractor similarly to provide
<br />Worker's Compensation Insurance for all of the
<br />latter's employees unless such employees are covered
<br />by the protection afforded by the Contractor. In
<br />case any class of employees engaged in hazardous
<br />work under this contract at the site of the project
<br />is not protected under the Worker's Compensation
<br />Statute, the Contractor shall provide and shall
<br />cause each subcontractor to provide insurance for
<br />the protection of said employees. This policy may
<br />not be cancelled nor the coverage reduced by the
<br />company without 30 days prior written notice of such
<br />cancellation or reduction in coverage to the City
<br />Attorney, City of Lodi, P.O. Box 320, Lodi, CA
<br />95241.
<br />5.415 Guarantee and Warranty In addition to
<br />guarantees required in other provisions of the
<br />contract, Contractor shall, and hereby does,
<br />guarantee and warrant all work for a period of one
<br />year after date of acceptance of work by the City
<br />and shall repair or replace any or all such work,
<br />together with any other work which may be displaced
<br />in so doing, that may prove defective in workmanship
<br />and/or materials within one-year period from date of
<br />acceptance without expense whatsoever to the City,
<br />ordinary wear and tear, unusual abuse or neglect
<br />excepted. The Engineer will give notice of observed
<br />defects with reasonable promptness. The Contractor
<br />shall notify the Engineer upon completion of
<br />repairs.
<br />In the event of failure of the Contractor to comply
<br />with the above-mentioned conditions within one week
<br />after being notified in writing, the City is hereby
<br />authorized to proceed to have defects repaired and
<br />made good at expense of the Contractor who hereby
<br />agrees to pay costs, penalties and charges therefor
<br />immediately on demand.
<br />If, in the opinion of the Engineer, defective work
<br />creates a dangerous condition or requires immediate
<br />correction or attention to prevent further loss to
<br />the City or to prevent interruption of operations of
<br />the City, the City will attempt to give the notice
<br />required. If the Contractor cannot be contacted or
<br />
|