§ 46-27. Insurance and indemnification.

Permittee shall, at its own expense, keep in full force and effect, during the term of any and all work, insurance as stated below:

(1)

Commercial general liability insurance with minimum combined single limits of $2,000,000.00 for each occurrence and $2,000,000.00 aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall endorse the city and its employees and agents as additional insureds. Additionally, the policy shall provide that such insurance is primary coverage with respect to work contemplated under this agreement by all insureds and additional insureds.

(2)

If professional services are provided, professional liability insurance with limits of $2,000,000.00 per claim and $2,000,000.00 aggregate. This policy shall remain in force for the period of design and construction and shall include an additional two-year period, to commence upon final acceptance of the work.

(3)

Workers' compensation insurance to cover all obligations imposed by applicable laws for all of contractor's employees engaged in the performance of work, based on statutory limits prescribed by and in accordance with Colorado law. In the event any services are performed by a subcontractor, permittee shall require such subcontractor to provide workers' compensation insurance for its employees.

(4)

Comprehensive automotive liability insurance for the duration of the work to be performed covering all owned, non-owned, and hired vehicles used in connection with the work performed by or on behalf of permittee in an amount not less than $500,000.00 combined single limit per occurrence for bodily injury and property damage.

(5)

All of the insurance policies required above shall be written and issued by responsible companies authorized to do business under the laws of the State of Colorado. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the permittee. The permittee shall be responsible for notifying the city within five business days of any material modification to, or cancellation of, these policies during the term of the work to be performed, including but not limited to, any pending or paid claims against the aggregate amount of the policy, and of any cancellation of coverage for non-payment.

(6)

Each permittee shall construct, maintain, and operate its facilities in a manner which provides protection against injury or damage to persons or property.

(7)

Indemnification. Permittee shall defend, indemnify and hold harmless the city and its officers, officials, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from work to be performed or is performed, to the extent that such claim, damage, loss or expense is caused, or alleged to be caused, in whole or in part, by any negligent, reckless or intentional act or omission of contractor or anyone directly employed by permittee or anyone for whose acts permittee may be liable.

a.

The terms of each contract awarded by the permittee for activities pursuant to a permit shall contain indemnity provisions whereby the contractor shall indemnify the city its employees and agents to the same extent as described above.

b.

Following the receipt of written notification of any claim the permittee shall have the right to defend the city with regard to all third party actions, damages and penalties arising in any way out of the exercise of any rights in the permit. If at any time, however, permittee refuses to defend, and the city elects to defend itself with regard to such matters, the permittee shall pay all reasonable expenses incurred by the city related to its defense.

c.

In the event the city institutes litigation against the permittee for a breach of the permit or for an interpretation of this article and the city is the prevailing party, the permittee shall reimburse the city for all costs related hereto, including reasonable attorney's fees. The permittee shall not be obligated to hold harmless or indemnify the city for claims or demands to the extent that they are due to the negligence, or any intentional and/or willful acts of the city or any of its officers, employees, or agents.

d.

In the event the permittee is a public entity, the indemnification requirements of this section shall apply to the extent permitted by law.

(Ord. No. 18-06, § 1, 4-17-2018)