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Contract in strict compliance with all federal, state, and municipal laws, rules, statutes, charter provisions, ordinances,
<br />and regulations, especially sections of the Occupational Safety and Health Administration (OSHA) regulations, latest
<br />revised addition, which provide for job safety and health protection for workers, applicable to the performance of the
<br />Contractor under this Contract. The City assumes no duty to insure that the Contractor follows the safety regulations
<br />issued by OSHA.
<br />9 INSURANCE: The Contractor shall not begin any work until the Contractor proves to the City's Finance Department that
<br />it has obtained, at Contractor's own expense, all required insurance as specified below. Liability insurance must be of the
<br />occurrence form. Deviations from the requirements listed below must be submitted to and approved by the City Manager.
<br />9.1 COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY insurance must cover bodily injury, property damage
<br />and personal injury with limits of no less than $1,000,000 per occurrence. The Contractor shall cause the City to be
<br />named as an "Additional Insured".
<br />9.2 WORKERS' COMPENSATION coverage must be provided, as statutorily required for persons performing work under
<br />this Contract. Contractor must provide City with proof of Employer's Liability coverage with limits of at least
<br />$500,000. Contractor shall require any subcontractor hired by the Contractor to carry Workers' Compensation and
<br />Employer's Liability coverage.
<br />9.3 CERTIFICATE OF INSURANCE: As evidence of the insurance coverages required by this Contract, prior to the
<br />effective date of this Contract, the Contractor and their subcontractors, shall furnish a certificate of insurance to:
<br />CITY OF LOUISVILLE
<br />Finance Department
<br />749 Main Street
<br />Louisville, CO 80027
<br />9.4 The Certificate shall include the City of Louisville, its officers, agents and employees as "Additional Insureds" on all
<br />General Liability and Automobile Liability policies. Insurance coverages shall be obtained from insurance companies
<br />authorized to do business in the State of Colorado. If the Contractor or their subcontractors are qualified self -insureds
<br />f under the laws of the State of Colorado appropriate declarations of self-insurance may be substituted.
<br />9.5 CONTINUATION OF COVERAGE: The Contractor shall not cancel, materially change or fail to renew insurance
<br />coverages. The Contractor shall notify the Finance Department of any material reduction or exhaustion of aggregate
<br />limits. Any insurance bearing on adequacy of performance (warranty or guarantee) shall continue after completion of
<br />the contract for the full guaranteed period. If any policy lapses or is canceled before final payment by the City to the
<br />Contractor and if the Contractor fails immediately to procure other insurance as specified, the City may deem such
<br />failure to be a breach of this Contract.
<br />9.6 RESPONSIBILITY FOR PAYMENT OF DAMAGES: Nothing contained in these insurance requirements shall limit
<br />the Contractor's responsibility for damages resulting from Contractor's operations under this contract.
<br />10 INDEMNITY: The Contractor hereby releases and agrees to indemnify, defend and save harmless the City and its agents
<br />from and against all claims, actions, causes of action, demands, judgments, costs, expenses (including but not limited to
<br />attorney fees and court costs) and all damages of every kind and nature, incurred by and on behalf of any person or
<br />corporation whatsoever, predicated upon injury to or death of any person or loss of or damage to property of whatever
<br />ownership, including the parties to this Contract and their employees, and arising out of or connected with, in any manner,
<br />directly or indirectly, the Contractor's operations.
<br />11 STATUS OF CONTRACTOR: The Contractor shall perform all work under this Contract as an independent contractor
<br />and not as an agent or employee of the City. The Contractor will not be supervised by any employee or official of the
<br />City nor will the Contractor exercise supervision over any employee or official of the City. The Contractor shall not
<br />represent that the Contractor is an employee or agent of the City in any capacity. The Contractor shall supply all personnel,
<br />buildings, equipment and materials at Contractor's sole expense. CONTRACTOR SHALL SATISFY ALL TAX AND
<br />OTHER GOVERNMENTALLY IMPOSE RESPONSIBILITIES INCLUDING, BUT NOT LIMITED TO,
<br />PAYMENT OF STATE, FEDERAL AND SOCIAL SECURITY TAXES, UNEMPLOYMENT TAXES,
<br />WORKERS' COMPENSATION AND SELF-EMPLOYMENT TAXES. NO STATE, FEDERAL OR LOCAL
<br />TAXES OF ANY KIND SHALL BE WITHHELD OR PAID BY THE CITY. THE CONTRACTOR IS NOT
<br />ENTITLED TO CITY WORKERS' COMPENSATION BENEFITS AND IS OBLIGATED TO PAY FEDERAL
<br />AND STATE INCOME TAX ON MONEY EARNED PURSUANT TO THIS CONTRACT. This Contract is not
<br />exclusive; the Contractor may contract with other parties.
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