(A) The grantee shall save the township, its agents, employees and elected and appointed officials, harmless from and against all claims, damages, losses and expenses, including reasonable attorney fees, sustained on account of any suit, judgment, execution, claim or demand whatsoever arising out of the construction, leasing, operation or maintenance of the grantee’s equipment, facilities and services specified by this subchapter, whether or not any act or omission complained of is authorized, allowed and/or prohibited by the subchapter and the rights granted thereunder.
(B) (1) The grantee shall obtain and maintain in full force and effect throughout the term of this subchapter insurance with an insurance company licensed to do business and doing business in the commonwealth and acceptable to the township. All companies will be required to be rated A-VH or better by A.M. Best or A better by Standard and Poors. The grantee shall provide township with proof of such insurance so required.
(2) The grantee shall obtain and maintain in full force and effect, at the grantee’s sole expense, insurance coverage in the following types and minimum amounts:
Type | Amount |
Type | Amount |
Commercial general (public) liability to include coverage, for the following where exposure exists: | Combined single limit for bodily injury and property damages $2,000,000 per occurrence or its equivalent |
Contractual liability | |
Explosion, collapse and underground property damage | |
Independent contractors | |
Personal injury | |
Premises operations | |
Products/completed operations | |
Comprehensive vehicle insurance coverage for loading and unloading hazards, for: | Combined single limit of bodily injury and property damage $1,000,000 per occurrence or its equivalent |
Hired vehicles | |
Non-owned vehicles | |
Owned/leased vehicles | |
Workers’ compensation and statutory employers liability | $100,000/$500,000/$100,000 |
(3) The township shall receive without expense copies of certificates of insurance evidencing coverage stated above.
(4) The grantee agrees that with respect to the above-required insurance, all insurance certificates will contain the following required provisions:
(a) Name the township and its officers, employees, board members and elected and appointed officials as additional insured parties (as the interests of each insured may appear) as to all applicable coverage (except workers’ compensation);
(b) Provide for 60 days’ written notice to the township for cancellation, non-renewal or material change; and
(c) Provide that all provisions of this subchapter concerning liability, duty and standard of care, including the indemnity provisions, shall be underwritten by contractual coverage sufficient to include such obligations within applicable policies, subject to policy terms and conditions.
(5) Companies issuing the insurance policies shall have no recourse against the township for payment of any premiums or assessments which all are set at the sole risk of the grantee. Insurance policies obtained by the grantee shall provide that the issuing company waives all right of recovery by way of subrogation against the township in connection with any damage covered by these policies.
(C) The grantee shall obtain and maintain, at its sole cost and expense, and file with the township, a corporate surety bond with a surety company authorized to do business in the commonwealth in the amount of 15% of the grantee’s estimated costs to secure the grantee’s performance of its obligations and faithful adherence to all requirements of this subchapter.
(1) No action, proceeding or exercise of a right with respect to such bond shall affect the township’s rights to demand full and faithful performance under this subchapter or limit the grantee’s liability for damages.
(2) The bond shall contain the following endorsement:
“It is hereby understood and agreed that this bond may not be cancelled by the surety nor any intention not to renew be exercised by the surety until 60 days after receipt by the Township of Bedminster, by registered mail, of written notice of such intent.”
(D) All expenses of the above-noted insurance and bond shall be paid by the grantee.
(E) The insurance policies mentioned herein shall contain an endorsement stating the following:
“Should any policies of insurance be cancelled or coverages be reduced, before the expiration date of said policies of insurance, the issuer shall deliver 60 days’ advance written notice to the township.”
(F) Neither the provisions of this subchapter nor any insurance accepted by the township pursuant hereto, nor any damages recovered by the township thereunder, shall be construed to excuse faithful performance by the grantee and/or limit the liability of the grantee under the subchapter issued hereunder and/or for damages, either to the full amount of the bond or otherwise.
(Ord. 166, passed 11-9-2005) Penalty, see § 53.99