(A) 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's 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 chapter, whether or not any act or omission complained of is authorized, allowed and/or prohibited by the chapter and the rights granted thereunder.
(B) (1) Grantee shall obtain and maintain in full force and effect throughout the term of this chapter insurance with an insurance company licensed to do business and doing business in the Commonwealth of Pennsylvania and acceptable to the Township. All companies will be required to be rated A-VII or better by A.M. Best or A better by Standard and Poors. Grantee shall provide Township with proof of such insurance so required.
(2) Grantee shall obtain and maintain in full force and effect, at grantee's sole expense, insurance coverage in the following types and minimum amounts:
Type | Amount | |
a. | Worker's Compensation & Statutory Employers Liability | $ 100,000/$500,000/$100,000 |
b. | Commercial General (public) - liability to include coverage for the following where the exposure exists: | |
Premises operations Independent Contractors Products/completed operations Contractual liability Explosion, collapse and Underground property damage | Combined single limit for Bodily injury and property Damages $2,000,000 per Occurrence or its equivalent | |
c. | Comprehensive Vehicle insurance coverage for loading and unloading hazards for: | |
Owned/leased vehicles Non-owned vehicles Hired a vehicles | Combined single limit of bodily injury and property damage $1,000,000 per occurrence or its equivalent |
(3) The Township shall receive without expense copies of certificates of insurance evidencing coverage stated above, prior to the commencement of any work.
(4) 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 worker's compensation);
(b) Provide for 60 days written notice to the Township for cancellation, non-renewal, or material change, unless related to a non-payment of the policy;
(c) Provide that all provisions of this chapter 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 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) (1) 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 of Pennsylvania in the amount of 15% of grantee's estimated costs to secure grantee's performance of its obligations and faithful adherence to all requirements of this chapter.
(2) No action, proceeding or exercise of right with respect to such bond shall affect the Township's rights to demand full and faithful performance under this chapter or limit grantee's liability for damages.
(3) 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 Springfield, by registered mail, of written notice of such intent."
(D) All expenses of the above-noted insurance and bond shall be paid by the principal.
(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 chapter 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 principal and/or limit the liability of the principal under the chapter issued hereunder and/or for damages, either to the full amount of the bond or otherwise.
(Ord. 187, passed 10-24-17)