Item 9 DF Water Supply Plan.pdf - Watershed Conservation Authority

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WCAXXXXItem 9COMPANYExhibit BALTERNATIVE 1INDEMNIFICATION AND INSURANCE PROVISIONSI. INDEMNIFICATIONCONTRACTOR agrees to indemnify, defend, and save harmlessWatershed Conservation Authority (WCA), Rivers and Mountains Conservancy(RMC), and Los Angeles County Flood Control District (District), its agents,appointed and elected officers, and employees from and against any and allliability, expense (including defense costs and legal fees), or claims for damagesof any nature whatsoever, including without limitation, bodily injury, death,personal injury, or property damage (including property of CONTRACTOR),arising from, or connected with, any alleged willful or negligent act, error, oromission of CONTRACTOR, its agents, or subcontractors of any tier.The foregoing paragraph notwithstanding, CONTRACTOR further agrees toindemnify, defend, and save harmless WCA, RMC, the District and theirrespective agents, appointed and elected officers, and employees from andagainst any Workers' Compensation suits, liability, or expense arising from, orconnected with, any services performed pursuant to this agreement on behalf ofCONTRACTOR by any person.Neither the CONTRACTOR, nor its agents and subcontractors of any tier,shall be obligated to indemnify the WCA and its related persons and entities forliabilities caused by the active negligence of the WCA and its related personsand entities. However, this provision does not limit any obligation to defend orindemnify the WCA and its related persons and entities arising under the policiesof insurance maintained by the CONTRACTOR under this provision.II. INSURANCEWithout limiting CONTRACTOR indemnification of WCA and during theterm of this Agreement, CONTRACTOR shall provide and maintain at its ownexpense the following programs of insurance. Such programs and evidence ofinsurance shall be satisfactory to the WCA and primary to and not contributingwith, any other insurance maintained by the WCA. Certificate(s) or otherevidence of coverage shall be delivered to the Watershed ConservationAuthority, 100 N. Old San Gabriel Canyon Road, Azusa, CA 91702 prior tocommencing services under this Agreement, shall specifically identify thisAgreement, and shall contain the express condition that WCA is to be givenwritten notice by registered mail at least thirty (30) days in advance of anymodification or termination of insurance.
WCAXXXXItem 9COMPANYFailure by CONTRACTOR to procure and maintain the required insuranceshall constitute a material breach of contract upon which WCA may immediatelyterminate or suspend this Agreement.A. Liability:Such insurance shall be endorsed naming the Watershed ConservationAuthority as an additional insured and shall include:1. 1. General liability insurance written on a commercial general liability form oron a comprehensive general liability form covering the hazards ofpremises/operations, contractual, independent contractors, advertising,products/completed operations, broad form property damage, and personal injurywith a combined single limit of not less than One Million Dollars ($1,000,000) peroccurrence.2. 2. Comprehensive auto liability for all owned, non-owned, and hired vehicleswith a combined single limit of not less than One Million Dollars ($1,000,000) peroccurrence.a. If written with an annual aggregate limit, the policy limit should be threetimes the above required occurrence limit.b. If written on a claims form, the CONTRACTOR shall be required toprovide an extended two-year reporting period commencing upontermination or cancellation of this Agreement.B. Workers' Compensation:Insurance in an amount and form to meet all applicable requirements ofthe Labor Code of the State of California, including Employer's Liability with aOne Million Dollar ($1,000,000) limit, covering all persons the CONTRACTOR islegally required to cover.CONTRACTOR agrees to the above Indemnification and Insurance Provisions.____________ Initials
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Item 9 DF Water Supply Plan.pdf - Watershed Conservation Authority

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