Fillable Printable Hold Harmless Agreement - Standard Insurance

Hold Harmless Agreement - Standard Insurance

Hold Harmless Agreement Page 1 of 3

CITY OF ST. CLAIR

HOLD HARMLESS AGREEMENT FOR CONTRACTORS

Definition of Involved Parties

CITY: City of St. Clair, #1 Paul Parks Drive, St. Clair, MO 63077

CONTRACTOR (Fill in Name and Address):

_____________________________________________________________________________

____________________________________________________________________________

Hold Harmless Agreement

To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold

harmless the CITY, its officers, agents, volunteers, and employees from and against all suits,

claims, damages, losses, and expenses, including but not limited to attorneys’ fees, court costs, or

alternative dispute resolution costs arising out of or related to any such suit, claim, damage, loss

or expense involving an injury to a person or persons, whether bodily injury or other personal

injury (including death), or involving an injury or damage to property (including loss of use or

diminution in value), but only to the extent that such suits, claims, damages, losses or expenses

were caused by the negligence or other wrongdoing of CONTRACTOR, or of any supplier or

subcontractor, or their agents or employees, directly or indirectly, regardless of whether caused

in part by the negligence or wrongdoing of CITY or any of its agents or employees.

Liability and Workers Compensation Insurance Required

CONTRACTOR shall purchase and maintain the following insurance, at CONTRACTOR’s

expense:

Commercial General Liability Insurance with a minimum limit of $1,000,000 each occurrence /

$2,000,000 general aggregate written on an occurrence bases.

Comprehensive Business Automobile Liability Insurance for all owned, non-owned and hired

automobiles and other vehicles used by CONTRACTOR with a combined single limit of

$1,000,000 minimum.

Workers Compensation insurance with statutorily limits required by any applicable Federal or

state law and Employers Liability insurance with minimum limit of $1,000,000 per accident.

CONTRACTOR shall make CITY an additional insured on each policy of insurance that

CONTRACTOR is required to maintain under the contract documents. Similarly,

CONTRACTOR shall require insurance with the same coverage and limits from its

subcontractors and suppliers, and their insurance polices shall be endorsed to name the same

additional insureds as required of CONTRACTOR. Each additional insured endorsement shall

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expressly afford coverage to the additional insureds not only arising out of the named insured’s

operations or work but also arising out of the named insured’s completed operations. All

completed operations coverages shall be maintained by CONTRACTOR and its subcontractors

or suppliers for five (5) years following the completion of the Work. Any coverage available to

CITY as a named insured shall be secondary, so that the coverage to the CITY as an additional

insured on the policies maintained by CONTRACTOR and subcontractors is primary. CITY

reserves the right to selectively trigger any one or more insurance policies that afford CITY

coverage, whether as a named insured or as an additional insured. CONTRACTOR agrees that

CITY shall be provided at least sixty (60) days advance written notice of any cancellation or

rescission of any policy that CONTRACTOR or any of its subcontractors or suppliers is required

to maintain under the contract documents. Prior to commencing work, CONTRACTOR shall

provide CITY certificates of insurance evidencing the required coverages. CITY’s receipt or

review of any certificate of insurance reflecting that CONTRACTOR or one of its subcontractors

or suppliers has failed or may have failed to comply with any insurance requirement of the

contract documents shall not constitute a waiver of any of

CITY’s insurance rights under the contract documents, with all such rights being fully and

completely reserved by the CITY.

No provision of this agreement shall constitute a waiver of the CITY’s right to assert a defense

based on the doctrines of sovereign immunity, official immunity, or any other immunity

available under law. Revised December, 2010

Other Claims Hold Harmless Agreement

Provided CITY has paid CONTRACTOR all sums then earned by and payable to

CONTRACTOR under this Contract (exclusive of any retention amounts properly withheld

under the terms of this Contract), CONTRACTOR shall indemnify and hold CITY harmless

from all suits, claims, damages, costs, expenses and fees (including attorneys’ fees and litigation

or mediation costs), actual or threatened, arising out of or related to any action actually filed or

threatened by supplier or subcontractor, directly or indirectly, of CONTRACTOR, or by any

agent or employee of any of them, stemming from any labor, materials or work furnished by that

claimant for CONTRACTOR or any supplier or subcontractor, directly or indirectly, of

CONTRACTOR. CITY may investigate and, in CITY’s sole discretion, reach a good faith

settlement of each such cause of action, and in such event, the foregoing indemnity and hold

harmless provisions shall extend to the settlement amount paid by the CITY to the claimant to

settle the claim. Any amounts due or to become due CITY under this paragraph shall be

automatically credited against any amounts otherwise to be paid to CONTRACTOR under the

contract documents. In the alternative to settling an actual or threatened claim directly with the

claimant, CITY may issue a check payable jointly to the CONTRACTOR and the claimant for

the amount determined by the CITY in good faith to be paid to settle the claim in which case the

amount of the joint check shall be credited against the contract price.

Builders Risk Insurance Required

Unless otherwise provided, CONTRACTOR shall purchase and maintain, in a company or

companies lawfully authorized to do business in the jurisdiction in which the Project is located,

property insurance written on a builder’s risk “all-risk” or equivalent policy form in the amount

of the initial Contract Sum, plus value of subsequent Contract modifications and cost of

materials supplied or installed by others, comprising total value for the entire Project at the site

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on a replacement cost basis without optional deductibles. Such property insurance shall be

maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing

by all persons and entities who are beneficiaries of such insurance, until final payment has been

made or until no person or entity other than the CITY has an insurable interest in the property,

whichever is later. This insurance shall include interests of the CITY, the CONTRACTOR,

subcontractors and sub-subcontractors and suppliers in the Project.

Contractor’s Damage to the Work Risk

Except and to the extent actually covered by the builder’s risk insurance required to be

maintained pursuant to the contract documents, CONTRACTOR assumes the risk of loss or

damage to the Work (including the CONTRACTOR’s temporary work, equipment and

falsework) and to all materials and equipment in storage at the Project site or otherwise,

regardless of whether the loss or damage was caused in whole or in part by the negligence of

CITY or any of its officers, agents, employees or consultants. The risk of loss assumed by

CONTRACTOR extends to any voluntary or involuntary deductible or deductibles under the

above-referenced builder’s risk insurance. Revised December, 2010

Signatures

City Administrator: _________________________

Date: _________________________

Contractor Representative (Print): _________________________

Contractor Representative (Sign): _________________________

Position: _________________________

Date: _________________________