R97-79 AUTHORIZING EXECUTION OF AGREEMENT

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' f - proceedings, by whomsoever made, brought or prosecuted in any manner based upon, occasioned by or attributable to the execution of this Contract or services performed under this Contract except claims for damage resulting from, the negligence of any officer or employee of the City while acting within the scope of his duties or employment. The Contractor shall be responsible for its work and every part thereof, and for all materials, equipment (including employees' safety equipment), and property of any and all description used in connection therewith. The Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission,commission or operation under the Contract. The Contractor shall, during the continuance of all work under the Contract, provide and maintain Statutory Workers' Compensation insurance and Employer's Liability insurance in limits of not less than $1,000,000 to protect the Contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the State of Illinois and shall provide proof thereof to the City. The Contractor shall, during the continuance of all work under the Contract, provide and maintain Commercial General Liability insurance in the amount of $1,000,000 per occurrence/$2,000,000 aggregate, to protect the Contractor, its subcontraetors, and the interest of the City, its officers and employees against any and all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the Contract or in connection with the contracted work. Completed operadons liability endorsement shall continue in force for three yeazs following completion of the Contract. �The policy shall be written on an "occurrence" basis. All mobile equipment used by the Contractor in connection with the contracted work, will be insured under either a standard Automobile Liability policy, or a Commercial General Liability policy. Liability insurance may be arranged by a General Liability policy for the full limits required, or by a combination of�underlying Liability policies for lesser limits with the remaining limits provided by an Excess or Umbrella Liability policy. The Contractor agrees to provide insurance , issued by companies with the Best's Key Rating of at least A. European markets, including those based in London, and the domestic surplus lines mazkets aze exempt from this requirement provided that the Contractor's broker can provide financial data to establish that a mazket is equal to or exceeds the financial strengths associated with the Best's rating of A or better. The Contractor will provide to the City an original, signed Certificate of Insurance and such endorsements as prescribed herein. The Contractor will secure and maintain all insurance certificates of its subcontractors which shall be made available to the City on demand. The Contractor will provide, on demand, certified copies of all insurance policies related to the Contract within ten business days of demand by the City. These certified copies will be sent to the City from the Contractor's insurance agent or representative. No change, cancellation, or non-renewal shall be made in any insurance coverage without a thirty (30) day written notice to the City. The Contractor shall furnish a new certificate prior to any effective date of change or Page 6 of 14