10-10-2012 Council Agenda - Laserfiche WebLink

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20. Audits and Inspections - The City Attorney's office or designated representative or other governmental agency exercising regulatory function over the City's business activities, while exercising reasonable, non- disruptive procedures, may inspect Diversion Solutions records at any time. 2L Notice — Any notice to be given hereafter by either party to the other, shall be in writing and may be affected by personal delivery, or by registered mail, return receipt requested, addressed to the proper party, at the following addresses: City Attorney's Office Attn: City Attorney Diversion Solutions, LLC 415 Main Street Red Wing, MN 55066 Attn: Scott Adkisson 22. Insurance - Diversion Solutions and or its subcontractors agree to provide and maintain, at its own cost and at all times during its performance under this contract until completion of the work, such liability insurance coverage as is set forth below, and to otherwise comply with the provisions that follow: A. Workers' Compensation: Workers' Compensation insurance in compliance with all applicable statutes. 13. Auto Insurance —Owned and unowned C. General Liability: "Commercial General Liability Insurance" (Insurance Service Office policy form title), or equivalent policy form, providing coverage on an "occurrence," rather than on a claims made basis, the policy for which shall include, but not limited to, coverage for bodily injury, property damage, personal injury,contractual liability (applying to this contract), Independent Contractors, and Products- Completed Operations Liability. Coverage for explosions, collapse and underground hazards shall not be included. Such a policy shall name the City as an additional insured thereunder, and shall apply on a primary basis with respect to any similar insurance maintained by the City, which other insurance of the City, if any, shall apply in excess of Diversion Solutions insurance and not contributed therewith. Diversion Solutions agrees to maintain Products - Complete Operations coverage on a continuing basis for a period of at least two years after date of completion Such Commercial General Liability insurance policy shall provide a combined single limit in the amount of at least $2,000,000 (two million) Each Occurrence, applying to liability for bodily injury and property damage, and a combined single limit of at least the same amount applying to liability for Personal Injury and Advertising Injury. Such minimum limits may be satisfied by the limit afforded under Firm's Commercial General Liability Insurance Policy, or by such Policy in combination with limits afforded by an Umbrella or Excess Liability Policy (or policies), provided that the coverage afforded under any such Umbrella or Excess Policy is at least in all material respects as broad as that afforded by the underlying Commercial Liability Policy, and further that the City is included as an additional insured thereunder. 4 6