Hart contract in plain text part 9: Exhibit D - Boulder County Indemnity and Insurance

["Pete Klammer" <pklammer@xxxxxxxxxxx>]

Exhibit D - Boulder County Indemnity and Insurance 

http://coloradovoter.net/contracts/20040422/Exhibit%20D%20-%20Boulder%20Coun
ty%20Indemnity%20and%20Insurance%20-%2004-19-04.pdf

EXHIBIT D
Indemnity and Insurance
Page 1 of 4
EXHIBIT D
Indemnity and Insurance
1. INDEMNITY
Hart InterCivic, Inc. (hereinafter "Hart") shall indemnify, defend, and hold
harmless the County of
Boulder, Colorado (hereinafter "County"), its officers, agents and employees
from any claim, liability, loss,
injury or damage asserted by third parties to the extent proximately caused
by the negligence of Hart and/or
its agents, employees or sub-contractors, in the performance of this
Agreement, excepting only loss, injury
or damage caused by the sole or joint negligence or willful misconduct of
personnel employed by the
County. Hart shall reimburse the County for all costs, reasonable attorneys'
fees, expenses and liabilities
incurred with respect to any litigation in which the Contractor is obligated
to indemnify, defend and hold
harmless the County under this Agreement. Notwithstanding the foregoing,
under no circumstances will
Hart be obligated to indemnify, defend and hold harmless County or to
reimburse County for any expenses
unless: (a) County gives Hart prompt written notice of all claims subject to
such indemnity, (b) County
permits Hart to control the defense and settlement of all such claims with
attorneys reasonably acceptable
to County, and (c) County reasonably cooperates with Hart in the settlement
and defense of all such claims.
Under no circumstances will Hart be required to indemnify County for a
settlement entered into by County
without Hart's prior written consent.
Nothing herein is intended as a limitation under the Colorado Governmental
Immunity Act.
2. INSURANCE
Without limiting Hart's indemnification of the County, Hart shall provide
and maintain at its own expense,
during the term of this Agreement, or as may be further required herein, the
following insurance coverages
and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, Hart shall provide a Certificate of
Insurance certifying
that coverage as required herein has been obtained. Individual endorsements
executed by the
insurance carrier shall accompany the certificate. In addition, a certified
copy of the policy or
policies shall be provided by Hart upon request of an authorized agent of
the County.
This verification of coverage shall be sent to the requesting County
department, unless otherwise
directed. Hart shall not receive a Notice to Proceed with the work under the
Agreement until it has
obtained all insurance required and such insurance has been approved by the
County. This approval
of insurance shall neither relieve nor decrease the liability of Hart.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a
current policy holder's
alphabetic and financial size category rating of not less than A- V,
according to the current Best's Key
Rating Guide or a company of equal financial stability that is approved by
the County's Insurance
Manager.
C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no
longer meet the specified
County insurance requirements without thirty (30) days' prior written notice
of such cancellation or
change being delivered to the County or their designated agent.
Page 2 of 4
D. Insurance Required
1. Commercial General Liability Insurance - for bodily injury (including
death) and property
damage that provides limits as follows:
a. Each occurrence: $1,000,000
b. General aggregate: $2,000,000
c. Products/Completed Operations aggregate: $2,000,000
d. Personal Injury: $1,000,000
2. General liability coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Personal Injury liability
f. Severability of interest
3. General liability coverage shall include the following endorsement, a
copy of which shall
be provided to the County:
Additional Insured Endorsement, which shall read:
"County of Boulder, and members of the Board of County Commissioners of the
County of
Boulder, and the officers, agents, and employees of the County of Boulder,
individually and
collectively, as additional insureds."
Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and
other insurance maintained by the County of Boulder, its officers, agents,
and employees shall
be excess only and not contributing with insurance provided under this
policy. Public Entities
may also be added to the additional insured endorsement as applicable and
the contractor shall
be notified by the contracting department of these requirements.
4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total
limits of not less
than one million dollars ($1,000,000) combined single limit per occurrence
applicable to all
owned, non-owned and hired vehicles.
4a. Aircraft/Watercraft Liability Insurance (Required if Hart or any of its
agents or
subcontractors will operate aircraft or watercraft in the scope of the
Agreement).
For bodily injury (including death) and property damage which provides total
limits of not less
than one (1) million dollars ($1,000,000) combined single limit per
occurrence applicable to all
owned, non-owned and hired aircraft/watercraft.
5. Workers' Compensation and Employer's Liability Insurance
a. Statutory Colorado Workers' Compensation coverage including broad form
allstates
coverage.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000)
per occurrence.
Page 3 of 4
E. Special Provisions
The following provisions shall apply to this Agreement:
1. The foregoing requirements as to the types and limits of insurance
coverage to be
maintained by the Hart and any approval of said insurance by the County or
its insurance
consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and
obligations otherwise assumed by Hart pursuant to this Agreement, including
but not limited to
the provisions concerning indemnification.
2. The County acknowledges that some insurance requirements contained in
this Agreement
may be nullified by self-insurance on the part of Hart. However, this shall
not in any way limit
liabilities assumed by Hart under this Agreement. Any self-insurance shall
be approved in
writing by the County upon satisfactory evidence of financial capacity.
Hart's obligation
hereunder may be satisfied in whole or in part by adequately funded
self-insurance programs or
self-insurance retentions.
3. Should any of the work under this Agreement be sublet, Hart shall require
each of its
subcontractors of any tier to carry the aforementioned coverages, or Hart
may insure
subcontractors under its own policies.
4. The County reserves the right to withhold payments to the Hart in the
event of material
noncompliance with the insurance requirements outlined above.
F. Fidelity Bonds (Required only if Hart will be receiving advanced funds or
payments)
Before receiving compensation under this Agreement, Hart will furnish County
with evidence that all
officials, employees, and agents handling or having access to funds received
or disbursed under this
Agreement, or authorized to sign or countersign checks, are covered by a
BLANKET FIDELITY
BOND in an amount of AT LEAST fifteen percent (15) of the maximum financial
obligation of the
County cited herein. If such bond is canceled or reduced. Hart will notify
County immediately, and
County may withhold further payment to Hart until proper coverage has been
obtained. Failure to
give such notice may be cause for termination of this Agreement, at the
option of County.
Page 4 of 4