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R2024-244 City Project 2021 01
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R2024-244 City Project 2021 01
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Last modified
6/19/2024 12:20:44 PM
Creation date
6/19/2024 12:18:51 PM
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Resolution/Ordinance
Res Ord Num
R2024-244
Res Ord Title
R2024-244 Resolution Authorizing the Execution of an Agreement with the Norfolk Southern Railway Company for a Storm Sewer Crossing for the Oakland and Grand Sewer Separation Project, City Project 2021-01
Department
Public Works
Approved Date
6/3/2024
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DocuSign Envelope ID:6DO21 El 7-6D9E-408B-875B-C4AA671332C5 <br /> (iii) Applicant shall maintain a Commercial General Liability ("CGL") policy containing <br /> products and completed operations and contractual liability coverage,with a combined single limit <br /> of not less than$2,000,000 for each occurrence. Any portion of this requirement may be satisfied <br /> by a combination of General Liability and/or Excess/Umbrella Liability Coverage. The policy shall <br /> not deny any obligation of any insured under the Federal Employer's Liability Act, as amended. <br /> The CGL policy shall provide additional insured coverage equivalent to ISO CG 20 10 11/85. <br /> (iv) Applicant shall maintain Automobile Liability Insurance with a current ISO <br /> occurrence form policy (or equivalent) and apply on an "any auto" (Symbol 1) basis, including <br /> coverage for all vehicles used in connection with the Work or Services on the leased property, <br /> providing annual limits of at least$1,000,000 per occurrence for bodily injury and property damage <br /> combined including uninsured and underinsured motorist coverage, medical payment protection, <br /> and loading and unloading. <br /> (v) Applicant shall maintain Workers' Compensation Insurance to meet fully <br /> the requirement of any compensation act,plan or legislative enactment applicable in connection <br /> with the death, disability or injury of Applicant's officers, agents, servants or employees arising <br /> directly or indirectly out of the performance of this Agreement; <br /> (vi) Applicant shall maintain Employers' Liability Insurance with limits of not less than <br /> $1,000,000 each accident$1,000,000 policy limit for disease, and $1,000,000 each employee for <br /> disease; <br /> (b) General Insurance Requirements. Each insurance policy referred to in subsection (a) <br /> above shall also comply with the following requirements: <br /> (i) Additional Insureds. Each insurance policy (excluding any RPL policy and <br /> Workers' Compensation policy) shall name Railway and its parent, subsidiary and affiliated <br /> companies as additional insureds with an appropriate endorsement to each policy. <br /> (ii) Applicant's Coverage Primary and Without Right to Contribution. All policies <br /> secured by Applicant, whether primary, excess, umbrella or otherwise, and providing coverage <br /> to the Railway as an additional insured (i) are intended to take priority in responding and to pay <br /> before any insurance policies Railway may have secured for itself must respond or pay and (ii) <br /> may not seek contribution from any policies the Railway may have secured for itself. <br /> (iii) Severability of Interests (Cross Liability). No cross-liability exclusions are permitted <br /> that would apply to the additional insureds, and there may not be any restrictions in any policy that <br /> limits coverage for a claim brought by an additional insured against a named insured. <br /> (iv) Waiver of Subrogation.To the fullest extent permitted by law, all insurance furnished <br /> by Applicant pursuant to this Agreement shall include a waiver of subrogation in favor of Railway <br /> with an appropriate endorsement to each policy. <br /> (v) Notice of Cancellation, Modification or Termination. Each insurance policy shall not <br /> be subject to cancellation,termination, modification,changed,or non-renewed except upon thirty <br /> (30)days prior written notice to the additional insureds. <br /> (vi) No Limitation. Each insurance policy shall not limit any of Applicant's indemnity <br /> obligations or other liabilities under this Agreement. The insurance available to Railway and its <br /> parent, subsidiary and affiliated companies as additional insureds shall not be limited by these <br /> requirements should Applicant maintain higher coverage limits. <br /> (vii) Any deductibles or self-insured retentions of Applicant over $50,000 must be <br /> declared and approved by Railway. Approval of such requests shall not be unreasonably <br /> withheld. <br /> (viii) Applicant shall require all subcontractors who are not covered by the insurance <br /> carried by Applicant to maintain the insurance coverages set forth in subsection(a)above,except <br />
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