2.6a ERMU 12-12-2023 - Laserfiche WebLink

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Elk River Municipal UtilitiesStandard Agreement for Professional Services 6.5.1. All policies, except the Professional Liability Insurance policy, shall be written on an “occurrence” form (“claims made” and “modified occurrence” forms are not acceptable); 6.5.2. All policies, except the Professional Liability Insurance policy, shall be applied on a “per project” basis; 6.5.3. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, shall contain a waiver of subrogation naming “Elk River Municipal Utilities”; 6.5.4. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, shall name “Elk River Municipal Utilities” as an additional insured; 6.5.5. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and 6.5.6. All policies shall contain a provision that coverages afforded thereunder shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the Utilities. A copy of Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph must be filed with Utilities prior to the start of Consultant’s Work. Upon request, a copy of Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to Utilities and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to Utilities prior to the expiration date of any of the required policies. Utilities will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, Utilities’ right to enforce the terms of Consultant’s obligations hereunder. Utilities reserves the right to examine any policy provided for under this paragraph. 6.6. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless Utilities, Utilities’ officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney’s fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including 228829v1