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Any assignment in violation of this subsection shall be null and Client. Said policy shall provide an aggregate limit of$2,000,000.
<br /> void. Said policy shall not name the Client as an insured.
<br /> E. insurance 5. Consultant shall maintain in effect all insurance coverages required
<br /> I. General Liability. Prior to starting the Work,Consultant shall under this Agreement at Consultant's sole expense and with
<br /> procure,maintain and pay for such insurance as will protect insurance companies licensed to do business in the state in
<br /> against claims for bodily injury or death,or for damage to Minnesota and having a current A.M.Best rating of no less than
<br /> property,including loss of use,which may arise out of operations A-,unless specifically accepted by Client in writing. In addition to
<br /> by Consultant or by any subcontractor or by anyone employed by the requirements stated above,the following applies to the
<br /> any of them or by anyone for whose acts any of them may be insurance policies required under this Paragraph:
<br /> (a) Alt policies,except the Professional Liability Insurance
<br /> liable. Such insurancees shall include,a but not be limited to, policy,shall be written on an"occurrence"form("claims
<br /> minimume ,or required abyd limits Theof inability specifiedshall in this made"and"modified occurrence"forms are not
<br /> Paragraph,or law. policy(ies) name the
<br /> Client as an additional insured for the services provided under this acceptable);
<br /> Agreement and shall provide that the Consultant's coverage shall (b) All policies,except the Professional Liability Insurance
<br /> be primary and noncontributory in the event of a loss. policy,shall be applied on a per projectbasis;
<br /> 2. Consultant shall procure and maintain the following minimum (c) All policies,except the Professional Liability Insurance
<br /> insurance coverages and limits of liability on this Project: and Worker's Compensation Policies,shall contain a
<br /> waiver of subrogation naming"the Client of Elk River";
<br /> Workers Compensation Statutory Limits (d) All policies,except the Professional Liability Insurance
<br /> Employer's Liability $500,000 each accident and Worker's Compensation Policies,shall name"the
<br /> $500,000 disease policy limit Client of Elk River"as an additional insured;
<br /> $500,000 disease each employee (e) All policies,except the Professional Liability Insurance
<br /> Comprehensive General $1,500,000 property damage and and Worker's Compensation Policies,shall insure the
<br /> Liability bodily injury per defense and indemnity obligations assumed by Consultant
<br /> occurrence under this Agreement;and
<br /> $2,000,000 general aggregate (f) All policies shall contain a provision that coverages
<br /> afforded thereunder shall not be canceled or non-renewed,
<br /> $2,000,000 Products—Complete nor shall coverage limits be reduced by endorsement,
<br /> Operations Aggregate without thirty(30)days prior written notice to the Client.
<br /> $100,000 fire legal liability each A copy of the Consultant's Certificate of Insurance which
<br /> occurrence evidences the compliance with this Paragraph 20,must be filed
<br /> $5,000 medical expense with Client prior to the start of Consultant's Work. Upon
<br /> Comprehensive Automobile $1,000,000 combined single limit request,a copy of the Consultant's insurance declaration page,
<br /> Liability each accident(shall Rider and/or Endorsement,as applicable shall be provided. Such
<br /> include coverage for all documents evidencing Insurance shall be in a form acceptable to
<br /> owned,hired and non• Client and shall provide satisfactory evidence that Consultant has
<br /> owned vehicles. complied with all insurance requirements. Renewal certificates
<br /> Umbrella or Excess Liability $1,000,000 shall be provided to Client prior to the expiration date of any of the
<br /> required policies. Client will not be obligated,however,to review
<br /> 3. The Comprehensive General/Commercial General Liability such Certificate of Insurance,declaration page,Rider,
<br /> policy(ies)shall be equivalent in coverage to ISO form CO 0001, Endorsement or certificates or other evidence of insurance,or to
<br /> and shall include the following: advise Consultant of any deficiencies in such documents and
<br /> (a) Premises and Operations coverage with no explosions, receipt thereof shall not relieve Consultant from,nor be deemed a
<br /> collapse,or underground damage exclusion()CCU). waiver of,Client's right to enforce the terms of Consultant's
<br /> (b) Products and Compteted Operations coverage. Consultant obligations hereunder. Client reserves the right to examine any
<br /> agrees to maintain this coverage for a minimum of two(2) policy provided for under this paragraph.
<br /> years following completion of its work. Said coverage 6. Effect of Consultant's Failure to Provide Insurance. If Consultant
<br /> shall apply to bodily injury and property damage arising fails to provide the specified insurance,then Consultant will
<br /> out of the products-completed operations hazard. defend,indemnify and hold harmless the Client,the Client's
<br /> (c) Personal injury with Employment Exclusion(if any) officials,agents and employees from any loss,claim,liability and
<br /> deleted. expense(including reasonable attorney's fees and expenses of
<br /> (d) Broad Form CO 0001 0196 Contractual Liability coverage, litigation)to the extent necessary to afford the same protection as
<br /> or its equivalent. would have been provided by the specified insurance. Except to
<br /> (e) Broad Form Property Damage coverage,including the extent prohibited by law,this indemnity applies regardless of
<br /> completed operations,or its equivalent. any strict liability or negligence attributable to the Client
<br /> (f) Additional Insured Endorsement(s),naming the"Elk River (including sole negligence)and regardless of the extent to which
<br /> Municipal Utilities"as an Additional Insured,on ISO form the underlying occurrence(i.e.,the event giving rise to a claim
<br /> CO 20 10 07 04 or such other endorsement form as is which would have been covered by the specified insurance)is
<br /> approved by the Client. attributable to the negligent or otherwise wrongful act or omission
<br /> (including breach of contract)of Consultant,its subcontractors,
<br /> (g) If the Work to be performed is on an attached community, agents,employees,or delegates. Consultant agrees that this
<br /> there shall be no exclusion for attached or condominium indemnity shall be construed and applied in favor of
<br /> projects. indemnification. Consultant also agrees that if applicable law
<br /> (h) "Stop gap"coverage for work in those states where limits or precludes any aspect of this indemnity,then the indemnity
<br /> Workers'Compensation Insurance is provided through a will be considered limited only to the extent necessary to comply
<br /> state fund if Employer's liability coverage is not available. with that applicable law. The stated indemnity continues until all
<br /> (i) Severability of Insureds provision. applicable statutes of limitation have run.
<br /> 4. Professional Liability Insurance. The Consultant agrees to provide If a claim arises within the scope of the stated indemnity,the
<br /> to the Client a certificate evidencing that they have in effect,with Client may require Consultant to:
<br /> an insurance company in good standing and authorized to do (a) Furnish and pay for a surety bond,satisfactory to the
<br /> business in Minnesota,a professional liability insurance policy. Client,guaranteeing performance of the indemnity
<br /> Said policy shall insure payment of damage for legal liability obligation;or
<br /> arising out of the performance of professional services for the
<br /> Short Elliott Hendrickson inc. General Conditions-2 Elk River Municipal Utilities
<br /> (MCA&BE101215)
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