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Contractor's Insurance

 

Special Provisions

I. Contractor shall obtain all of the insurance required hereunder and shall maintain the same at all times during the life of the contract of which these specifications form a part. Contractor shall, at the time of execution of the contract, and before its execution by the City, file with the Purchasing Manager who will forward to the City Attorney for approval, the original policy or policies or certificates thereof.

II. Contractor shall submit to the Purchasing Division the original of an insurance policy, certificate, memo, binder or rider certifying that the required coverage and endorsements as set forth below are in effect for the duration of the contract:

This insurance shall cover the following types and amounts:

1. Comprehensive General Liability

Bodily Injury: Minimum $200,000 each person
Minimum $300,000 each accident

Property Damage: Minimum $50,000 each accident

Coverage shall include contractual liability.

For construction work, products liability coverage shall be maintained at a minimum of $300,00

2. Automobile Liability (Oakland Non-Owned)

Bodily Injury: Minimum $200,000 each person
Minimum $300,000 each accident

Property Damage: Minimum $50,000 each accident

Coverage shall include contractual liability.

For construction work, products liability coverage shall be maintained at a minimum of $300,00

3. City as Additional Insured

All policies must contain an endorsement naming the City of Oakland, it's Council, officers, and employees as additional insureds for the duration of the contract and for the specific work done under the contract.

When a certificate says "certificate issued to" this does not mean the same as additional insured and is not acceptable.

4. Notice of Cancellation

A thirty-day (30 day) notice shall be shown on each certificate promising to notify the City of Oakland in the event of coverage cancellation or significant reduction in coverage.

Each of said policies of insurance shall contain a clause substantially in the following words:

"It is hereby understood and agreed that the policy may not be canceled, nor the amount of coverage thereof reduced until thirty days after receipt by the Purchase Manager of the City of Oakland of a written notice of such cancellation or reduction in coverage, as evidenced by receipt of a registered letter."

The following wording is acceptable: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the below named certificate holder."

5. Workers' Compensation Liability

Workers' Compensation or Employers' Liability is also required to either be shown on the insurance certificates submitted to Purchasing, or if it is carried with a different agent, then a certificate from the Workers' Compensation carrier must be submitted.

6. All insurance correspondence, policies, binders or notices required by this agreement shall be mailed or delivered personally to:

City of Oakland
Finance and Management Agency
Purchasing Section - Attn: (Buyer Name)
150 Frank Ogawa Plaza, Suite 6223
Oakland, CA. 94612
(510)-238-7566 voice
(510)-238-7568 Fax

Responsibility for Damage

The City and/or its Council, and/or its officers, and/or its employees, shall not be answerable or accountable in any manner for injury or damage to any person or persons, either employers, workers or the public, or for damage to property or loss of use thereof from any cause whatsoever during the performance of the work herein specified

Contractor shall indemnify and save harmless the City of Oakland, its Council, officers, and employees from any suits, claims or actions brought by any person or persons, or corporations, or other entitles, for or on account of any bodily injuries or disease or illness or damages sustained as a result of or arising out of the performance of the work. The Council may retain so much of the money due Contractor as shall be considered necessary, until disposition has been made of such suits or claims for damages as aforesaid.

Compliance with Laws

Hours and Wages of Labor - Contractor shall conform to the Labor Code of the State of California in particular Section 1770 to 1780 and 1810 to 1815 thereof inclusive, relating to the working hours and wages of workers, and it is agreed that Contractor shall forfeit to the City of Oakland as a penalty the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this contract by the Contractor or any subcontractor for each calendar day during which any worker is required or permitted top labor more than eight (8) hours or is paid less than the prevailing rates in violation of said sections. The State of California may also assess further penalties.

Subletting and Assignment:

Contractor shall give its personal attention to the fulfillment of the contract and shall keep the work under its control.

Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of Contractor, who will be held responsible for its work, which shall be subject to the provisions of the contract and specification.

Where a portion of the work sublet by Contractor is not being prosecuted in a manner satisfactory to the City Administrator, the subcontractor shall be removed immediately on the requisition of the City Administrator and shall not be employed on the work.

The contract may be assigned only upon written consent of the City Administrator.

Other Laws:

The mentioning of certain statues in these specifications shall not relieve Contractor from the responsibility of complying with any other law applicable to the service or equipment to be furnished hereunder.



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