accordance with the decision <strong>of</strong> the <strong>City</strong> Representative or <strong>City</strong> Manager, whichever was lastissued.16. Insurance ProvisionsDuring the term <strong>of</strong> this Contract, at its own cost and expense, the Vendor shall maintain in fullforce and effect insurance policies as enumerated below. All policies shall be written on anoccurrence basis. The <strong>City</strong> <strong>of</strong> <strong>Champaign</strong> and its <strong>of</strong>ficers and employees shall be named as anadditional insured party on the general liability policy and any umbrella policies if applicable andincluded as an additional insured on the automobile liability policy. The <strong>City</strong>’s interest as anadditional insured party shall be on a primary and non-contributory basis on all policies andshould include the following statement on the insurance certificates, “The <strong>City</strong> <strong>of</strong> <strong>Champaign</strong>and its <strong>of</strong>ficers and employees are added as additional insured parties on all policies on aprimary and non-contributory basis.” All policies will be written with insurance carriersqualified to do business in the State <strong>of</strong> Illinois rated A- VIII or better in the latest Best’s Key RatingGuide. All policies shall be written on the most current Insurance Service Office (ISO) form theNational Council on Compensation Insurance (NCCI) form or a manuscript form if coverage isbroader than the ISO or NCCI form. The Vendor covenants and agrees that it shall beresponsible for workers’ compensation insurance for any <strong>of</strong> the Vendor’s employees on a primarybasis, even if accidental injury or illness occurs while the Vendor’s employee is performing workfor the <strong>City</strong>. At the time <strong>of</strong> submission <strong>of</strong> the bid documents, the Vendor shall provide the <strong>City</strong>with certificates <strong>of</strong> insurance showing evidence the insurance policies noted below are in full forceand effect and giving the <strong>City</strong> at least 30 days written notice prior to any change, cancellation, ornon-renewal except in the case <strong>of</strong> cancellation for non-payment <strong>of</strong> premium, in which case noticeshall be 10 days. Any renewal certificates <strong>of</strong> insurance shall be automatically provided to the <strong>City</strong>at least 30 days prior to policy expiration. The Vendor, shall upon request <strong>of</strong> the <strong>City</strong>, providecopies <strong>of</strong> any or all insurance policies.A. Workers’ Compensation:(a) Coverage A: Statutory Limits(b) Coverage B: One Hundred Thousand Dollars ($100,000) employer’s liabilitylimits for each accident or per disease, per employee. Said policies shall beendorsed to cover any disability benefits or Federal compensation acts ifapplicable.B. General Liability:Combined single limits <strong>of</strong> at least One Million Dollars ($1,000,000) per occurrence.General Liability Insurance shall include:(a)(b)(c)Products and completed operations coverage.Contractor’s Protective coverage.Personal Injury Liability coverageC. Automobile Liability:Combined single limits <strong>of</strong> at least One Million Dollars ($1,000,000) per occurrence. Autoliability shall include hired and non-owned autos.D. Umbrella Liability policies may be used to satisfy the limits named above.If a self insured retention or deductible is maintained on any <strong>of</strong> the policies, the amount <strong>of</strong> the selfinsured retention or deductible shall be approved by the <strong>City</strong>. Such approval shall not beunreasonably withheld. The Vendor will be held solely responsible for the amount <strong>of</strong> suchdeductible and for any co-insurance.This provision shall not be construed to be a limitation <strong>of</strong> liability for the Vendor.5 Form B-1 11/22/11
17. Indemnity/Hold HarmlessTo the fullest extent allowed by law, Vendor shall indemnify and save harmless the <strong>City</strong> againstany and all damages to property or injuries to or death <strong>of</strong> any person or persons, includingproperty and employees or agents <strong>of</strong> the <strong>City</strong>, and shall defend, indemnify and save harmless the<strong>City</strong> from any and all claims, demands, suits, actions or proceedings <strong>of</strong> any kind or nature,including Worker’s Compensation claims, and including the cost <strong>of</strong> defending same includingcosts and attorneys fees, <strong>of</strong> or by anyone whomsoever, in any way resulting from or arising out <strong>of</strong>the operations <strong>of</strong> the Vendor or the Vendor’s employees or subcontractors and acts or omissions<strong>of</strong> employees or agents <strong>of</strong> Vendor or subcontractors, unless caused solely by the <strong>City</strong>, its <strong>of</strong>ficersor employees. The <strong>City</strong> shall have the right to estimate the amount <strong>of</strong> such claims, demands,suits, actions or proceedings for damage or injuries and pay the same, and any amounts so paidshall be deducted from the money due the Vendor under this Contract, and the whole or so much<strong>of</strong> the money due or to become due the Vendor under this Contract, as may be considerednecessary by the <strong>City</strong>, shall be retained by the <strong>City</strong> until such claims, demands, suits, actions, orproceedings shall have been settled or otherwise disposed <strong>of</strong>, and satisfactory evidence to thateffect furnished to the <strong>City</strong>.Insurance coverage specified in these General Conditions shall in no way lessen or limit theliability <strong>of</strong> Vendor under the terms <strong>of</strong> the Contract. Vendor shall procure and maintain at theVendor’s own cost and expense, any additional kinds and amounts <strong>of</strong> insurance that, in theVendor’s own judgment, may be necessary for the Vendor’s property protection in theprosecution <strong>of</strong> the work.18. Default and TerminationA. In the event the Vendor voluntarily petitions for bankruptcy or is adjudged bankrupt ormakes a general assignment for the benefit <strong>of</strong> creditors or if a receiver is appointed onaccount <strong>of</strong> the Vendor’s insolvency or in the event that any <strong>of</strong> the provisions <strong>of</strong> thisContract are violated by the Vendor or by any <strong>of</strong> its subcontractors or the <strong>City</strong> reasonablybelieves such violation is likely, the <strong>City</strong> may terminate the Contract immediately bysending written notice to the Vendor.B. Additionally, the <strong>City</strong> may serve notice upon the Vendor <strong>of</strong> intention to terminate unlesscertain remedial actions are taken. Unless within five (5) days after the serving <strong>of</strong> suchnotice upon the Vendor such violation shall cease and arrangements satisfactory to the<strong>City</strong> for correction be made, the Contract shall upon expiration <strong>of</strong> said five (5) days ceaseand terminate with no further notice.C. After termination, the <strong>City</strong> may take over the work and prosecute the same to completionat the expense <strong>of</strong> the Vendor, and the Vendor shall be liable to the <strong>City</strong> for any excesscost occasioned to the <strong>City</strong> thereby, and in such event the <strong>City</strong> may take possession <strong>of</strong>and utilize in completing the work, such materials and equipment including those <strong>of</strong> theVendor as may be on the site <strong>of</strong> the work and necessary therefore.D. Vendor shall be responsible for all costs incurred by the <strong>City</strong> to enforce any provision <strong>of</strong>this Contract and/or to remedy any Vendor default or breach <strong>of</strong> this Contract, including allcourt costs and reasonable attorneys’ fees.19. <strong>City</strong>’s Right to Withhold Certain Amounts and Make Application There<strong>of</strong>In addition to the payments to be retained by the <strong>City</strong> under the other provisions <strong>of</strong> these GeneralConditions, the <strong>City</strong> may withhold a sufficient amount <strong>of</strong> any payment otherwise due to theVendor to cover the following:(1) For claims arising in and from the performance <strong>of</strong> the work on the project under thisContract.(2) For defective work not remedied.6 Form B-1 11/22/11