EXHIBIT 10.12
INDEPENDENT CONTRACTOR AGREEMENT
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WITH CONFIDENTIALITY AND NON-COMPETITION AGREEMENTS
THIS AGREEMENT is entered into as of this 30th day of September 1996
between CROWN NETWORK SYSTEMS, INC., a Pennsylvania Corporation (the
"Contractor"), with an office at Xxxx Xxxxxx Xxxx XXX, Xxxxx 000, Xxxxxxxxxx,
Xxxxxxxxxxxx 00000, and POWERFONE, INC. D/B/A NEXTEL COMMUNICATIONS, a Delaware
Corporation, with its principal offices located at 00000 Xxxxxx Xxxxxx, Xxxxx,
XX 00000.
WHEREAS, the Contractor has been approved to perform construction
services for NEXTEL on selected communications sites (each of which is referred
to herein as a "Site") for NEXTEL's Communications System in the counties set
forth in the Master Lease Agreement entered into by the parties this same date.
In consideration of the mutual covenants and promises set forth
herein, the parties hereto, intending to be legally bound hereby, agree as
follows:
1. NEXTEL will require the services of a contractor to perform
various construction services in connection with the Sites
("Work"). The Work for each Site shall consist of all materials,
supplies, services, equipment, technical specifications and other
items set forth in a Notice to Proceed (as defined in Paragraph 3
hereof). For the initial Site installation, the Work is identified
in Exhibit "A" and will be performed by Contractor for a fixed fee
as described in Exhibit "B" attached hereto ("Fixed Fee").
2. With respect to the Fixed Fee, Contractor shall send its invoice
to NEXTEL following Contractor's installation of NEXTEL's antennas
and coaxial at the Site. Payment by NEXTEL shall be due within
thirty (30) calendar days from receipt of the Contractor's
invoice. With respect to the Fixed Fee, NEXTEL may withhold up to
[*] of the Fixed Fee pending NEXTEL's final acceptance of
the Work at the Site as defined below. The [*] balance of
the Fixed Fee is due within thirty (30) calendar days of final
acceptance by NEXTEL. With respect to all other Work, payment
shall be due as provided in Section 4.
3. In connection with any Work other than the initial Site
installation, CROWN shall have a right of first refusal to meet
any bona fide bid selected by NEXTEL to perform such Work upon the
same terms and conditions set forth in such bid. CROWN shall have
seven (7) business days after the receipt of such bid to notify
NEXTEL whether CROWN intends to meet such bid and perform the Work
in accordance with the bid. In the event CROWN does not notify
NEXTEL within such time, NEXTEL may proceed to contract
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[*] Indicates where text has been omitted pursuant to a request for confidential
treatment. The omitted text has been filed with the Securities and Exchange
Commission separately.
with said selected bid. NEXTEL shall issue to the Contractor a
written notice confirming the price and terms agreed upon and
fixing the date on which the Contractor shall commence performance
of its obligations under this Agreement (the "Notice to Proceed").
The Contractor shall commence the Work, pursuant to this
Agreement, on each Site promptly upon the commencement date set
forth in the Notice to Proceed and shall prosecute the Work on
each Site diligently to completion. The Contractor shall not
perform any of the Work or make any financial commitments until
receiving the Notice to Proceed. The performance of any portion of
the Work or preparation to perform any of the Work by the
Contractor, prior to receiving the Notice to Proceed, is done at
the Contractor's own risk.
4. Upon final completion of the entire Work at each Site by the
Contractor in accordance with the provisions of this Agreement,
the Contractor shall request, in writing, final inspection of the
Work. NEXTEL will inspect the Work within three (3) business days
of the receipt of Contractor's notice that the Work is complete.
Within three (3) business days of the inspection, NEXTEL will
either provide a signed writing evidencing final acceptance of the
Work or, through the use of a punch list form, advise the
Contractor of the portions of the Work that are defective or
incomplete or of obligations that have not been fulfilled but are
required for final acceptance. The Contractor shall complete any
unfinished or defective portion of the Work which is necessary to
install and operate NEXTEL's equipment within ten (10) working
days following issuance of the punch list. With respect to other
punch list items, Contractor shall complete all unfinished or
defective portions of the Work within sixty (60) calendar days
following issuance of the punch list. After final acceptance of
the Work, NEXTEL shall pay the Contractor the Construction
Services Fee identified in the Work within thirty (30) days from
the date of receipt of the Contractor's invoice .
5. NEXTEL will, from time to time, provide the Contractor with a list
of materials and equipment which NEXTEL will supply (the "List").
The Contractor will use the materials and equipment supplied by
NEXTEL and will not substitute any of the same without NEXTEL's
prior written consent. Materials and equipment supplied by NEXTEL
shall be inspected, approved and accepted by the Contractor and
become part of the Work of this Agreement. If materials or
equipment are required which are not on the List, the Contractor
may supply such materials or equipment itself or obtain them from
independent parties. If the Contractor supplies any materials,
equipment or labor it shall be based on the Contractor's published
rates as set forth on Exhibit "C" attached hereto.
6. Notwithstanding any other provision contained in the Work or any
other document exchanged by the parties, the following terms and
conditions shall apply with respect to this Agreement and the
materials, equipment and services provided hereunder:
a) The Contractor, its agents, subcontractors, and employees
shall perform the Work as independent contractors, and not
as agents, partners, joint venturers or employees of NEXTEL.
The Contractor shall supervise and direct the Work, using
the care and skill ordinarily used by members of the
Contractor's profession practicing under similar conditions
at the same time and in the same
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geographic area, and the Contractor shall be solely
responsible for all construction means, methods, techniques,
sequences and procedures and for coordinating all portions
of the Work.
b) Unless otherwise specifically provided in the Work, the
Contractor shall provide and pay for all labor, supervision,
materials, construction surveys and layout, equipment,
tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services
necessary for the proper execution and completion of the
Work, whether temporary or permanent, and whether or not
incorporated or to be incorporated in the Work and any other
items incidental to the execution of the Work, all as
indicated or which may reasonably be implied from the Work.
c) The Contractor shall at all times enforce strict discipline
and good order among its employees and shall not employ on
the Work any unfit person or anyone not skilled in the task
assigned to such person.
d) The Contractor hereby represents and warrants to NEXTEL that
all materials and equipment incorporated in the Work will be
new unless otherwise requested in writing by the Contractor
and agreed to in writing by NEXTEL prior to their use. The
Contractor further represents and warrants that the Work to
be performed under this Agreement, and all workmanship,
materials and equipment provided, furnished, used or
installed in construction of the same, shall be safe,
substantial and durable construction in all respects, and
that all of the Work will be free from faults and defects
and in conformance with the terms of the Work. All of the
Work, including all materials and equipment, not conforming
to these requirements may be considered defective by NEXTEL.
This warranty for each Site shall be for a period of twelve
(12) months from the date of full acceptance of the Work on
each Site by NEXTEL (the "Warranty Period"). The warranty
provided herein shall be in addition to and not in
limitation of any other warranty or remedy required by law
or this Agreement.
The Contractor agrees to correct any defective portion of
the Work, including all materials and equipment during the
Warranty Period; provided, however, that materials supplied
by NEXTEL which are installed and tested by the Contractor
and accepted by NEXTEL and are thereafter found to be
defective shall be replaced by the Contractor at the expense
of NEXTEL in accordance with the Contractor's published
rates as set forth on Exhibit "C". If the Contractor fails,
after ten (10) days following notice from NEXTEL: (i) to
commence and continue correction of such defective Work with
diligence and promptness; (ii) to perform the Work; or (iii)
to comply with any other provision of this Agreement, NEXTEL
may correct and remedy any such deficiency. In connection
with such corrective and remedial action, NEXTEL may take
possession of all or part of the Work, and suspend the
Contractor's services related thereto, take possession of
and incorporate in the Work all materials and equipment paid
for by NEXTEL which either are stored at the Site or are
stored
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elsewhere. The Contractor shall allow NEXTEL, its agents,
representatives and employees, access to the Site to enable
NEXTEL to exercise the rights and remedies as stated
hereunder. All claims, costs, losses and damages reasonably
incurred or sustained by NEXTEL in exercising such rights
and remedies will be charged against the Contractor and may
be deducted from monies due or to become due to the
Contractor; and NEXTEL shall be entitled to an appropriate
decrease in the Construction Services Fee or any other
remedy permitted in this Agreement or allowed by law. Such
claims, costs, losses and damages will include, but not be
limited to, all costs of repair or replacement for work of
others destroyed or damaged by correction, removal or
replacement of the Contractor's defective work. No extension
of the time for completion will be given or inferred due to
the exercise by NEXTEL of NEXTEL's rights and remedies
hereunder. The Contractor shall not be responsible for
reasonable delays caused by inclement weather which
typically delays a reasonable contractor's performance of
work substantially similar to the Work set forth herein.
e) The Contractor shall give all notices and comply with all
laws, ordinances, rules, regulations, and lawful orders of
any public authority bearing on the performance of the Work
(hereinafter "Laws and Regulations"), and shall promptly
notify NEXTEL if the terms of the Work are at variance
therewith.
Unless otherwise set forth herein, the Contractor shall
obtain at its expense, all necessary local and municipal
permits, licenses, inspections, certificates and approvals
of the Work and shall ensure compliance with all state
environmental laws and shall furnish utilities it may
require to perform the Work. NEXTEL shall pay all fees for
such permits, licenses, inspections, certificates or
approvals to the appropriate government body or other
entity.
The Contractor shall at all times itself observe and comply
with, and cause all its agents and employees to observe and
comply with, all such existing and future Laws and
Regulations; and shall protect and indemnify NEXTEL, its
officers and agents, against any claims or liability arising
from or based upon violation of such Laws and Regulations,
whether by itself or its agents or employees.
f) The Contractor shall be responsible to NEXTEL for the acts
and omissions of its employees, subcontractors and their
agents and employees, and other persons performing any of
the Work under a contract with the Contractor.
g) The Contractor at all times shall keep the Site free from
accumulation of waste materials or rubbish caused by its
operations. At the completion of the Work, the Contractor
shall remove all its waste materials and rubbish from and
about the project as well as its tools, construction
equipment, machinery and surplus materials. If the
Contractor fails to clean up as provided pursuant to this
Agreement, NEXTEL may do so and the reasonable cost thereof
shall be charged to the Contractor and may be deducted from
monies due or to become due to the Contractor.
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h) The Contractor shall protect, maintain and secure the Work
during construction and until final acceptance of the Work.
This protection, maintenance and security shall be
continuous so that the Work is protected, maintained and
secured in satisfactory condition at all times. All costs of
protection, maintenance and security before final acceptance
of the Work shall be part of the Construction Services Fee.
i) If a temporary, preliminary or permanent injunction is
secured because of an alleged patent or proprietary rights
infringement, which prevents NEXTEL from using the process,
materials or equipment furnished, utilized or installed, the
Contractor, at its expense, shall within thirty (30)
calendar days following notification either: 1) procure the
right for NEXTEL to continue using the same process,
materials or equipment; or 2) modify the process, materials
or equipment, or provide a replacement process, materials or
equipment which is non-infringing, and is reasonably
satisfactory to NEXTEL. The Contractor shall defend all
suits or claims for infringement of any patent or
proprietary rights and pay all the costs associated
therewith including reasonable attorneys' fees of NEXTEL and
shall save NEXTEL harmless from loss on account thereof. The
obligations of the Contractor under this paragraph shall
survive the termination or expiration of this Agreement.
j) NEXTEL reserves the right to conduct, at its expense, any
test or inspection it may deem advisable to assure that
construction, supplies and services conform to the
provisions of this Agreement, including the Work.
k) The Contractor shall take reasonable safety precautions with
respect to performance of this Agreement, shall comply with
all safety measures initiated by NEXTEL and all applicable
laws, ordinances, rules, regulations and orders of public
authorities for the safety of persons or property.
l) The Contractor may be ordered in writing by NEXTEL, without
invalidating this Agreement, to make changes in the Work
within the general scope of this Agreement consisting of
additions, deletions or other revisions, the Construction
Services Fee and time for completion being adjusted
accordingly. The Contractor, prior to the commencement of
such changed or revised portion of the Work, shall submit
promptly to NEXTEL written copies of a claim for adjustment
to the Construction Services Fee, and time for completion,
for such revised Work in a manner consistent with
requirements of this Agreement. The Contractor may request a
change in the Work by providing NEXTEL with a written
request describing the change. If such change is acceptable
to NEXTEL, NEXTEL shall provide a written change order to
the Contractor as set forth above. NEXTEL shall have five
(5) business days to either provide the Contractor with the
requested change order or provide written notice that the
request is denied. If NEXTEL fails to provide such notice
within the five (5) business day period, the requested
change order will be deemed to have been accepted by NEXTEL.
The Contractor shall not perform any change in the Work,
including additions,
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deletions or other revisions, without prior written
authorization from NEXTEL.
m) The Contractor shall defend, indemnify and hold harmless
NEXTEL and its agents and employees from and against all
liability, claims, damages, losses and expenses of whatever
nature, including, but not limited to attorneys' fees
arising out of or resulting from the performance of the
Work, provided that any such liability, claim, damage, loss
or expense: 1) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible
property including the loss of use resulting therefrom; and
2) is caused in whole or in part by any negligent act or
omission or act of willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party
indemnified hereunder. Such obligation shall not be
construed to negate, abridge or otherwise reduce any other
right as to any party or person described in this paragraph.
In any and all claims against NEXTEL or any of its agents or
employees, by an employee of the Contractor, any
subcontractor, anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable,
the indemnification obligation under this paragraph shall
not be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or for
the Contractor or any subcontractor under workers'
compensation acts, disability liability benefits acts or
other employee benefit acts.
n) The Contractor shall purchase and maintain insurance for
protection from claims under workers' compensation and other
employee benefit acts, claims for damages because of bodily
injury, including personal injury, sickness or disease or
death. The Contractor shall also purchase and maintain
insurance for protection from claims or damages to property,
including loss of use resulting therefrom, which may arise
out of or result from the Contractor's operations under this
Agreement, whether such operations be by the Contractor, its
employees and agents, or any subcontractor and its agents
and employees or anyone directly or indirectly employed by
any of them. The insurance shall be written with limits and
coverage acceptable to NEXTEL in accordance with Exhibit "D"
attached. Certificates of such insurance shall provide
thirty (30) days notification in writing to NEXTEL if
material change or cancellation takes place and certificates
shall also indicate that NEXTEL shall be named as additional
insured as respects the operations of the insured in
accordance with the Construction Agreement.
o) If the Contractor persistently or repeatedly fails or
neglects to carry out the Work at a Site in accordance with
this Agreement, or fails to observe the safety rules and
other rules and regulations governing performance of the
Work at a Site, and fails within five (5) business days
after receipt of written notice to commence and continue
correction of such default or neglect with diligence and
promptness, NEXTEL may, without prejudice to any other
remedy that NEXTEL may have, terminate the Contractor and
finish the Contractor's Work at a Site by whatever method
NEXTEL may deem expedient. If the expense of finishing the
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Contractor's Work at a Site exceeds the value of the
Construction Services Fee, the Contractor shall pay the
difference to NEXTEL. The Contractor shall not be
responsible for delays caused by inclement weather which
typically delays a reasonable contractor's performance of
work substantially similar to the Work set forth herein.
To the extent the Contractor is terminated at a Site, the
Contractor shall immediately take all steps to protect the
subcontracts for labor, materials, equipment or services
with respect to the termination. NEXTEL may then withhold
payment to the Contractor until after the Work pursuant to
this Agreement is completed in a satisfactory manner.
p) The Contractor, for itself and for its subcontractors,
materialmen, mechanics and all persons under it, hereby
waives the right to any lien against the ground, structures
or any improvements on each Site for Work or labor done or
materials furnished pursuant to this Agreement. Contractor
agrees to execute a "no-lien" agreement on a form supplied
by NEXTEL.
7. Where the Contractor owns or manages the selected Sites and NEXTEL
is required to exercise its rights under Paragraphs 6(o) above,
the Contractor grants NEXTEL, its employees, contractors,
subcontractors or agents, the right to enter upon such Sites and
to perform the necessary work.
8. During the term of this Agreement and for two (2) years thereafter
(the "Restricted Period"), neither the Contractor nor NEXTEL will
adversely affect the reputation of the other party or of the Owner
or Lessor of a Site nor disclose information to any entity
concerning their business affairs. During the Restricted Period,
the Contractor and NEXTEL also agree not to divert or solicit any
of the other party's employees on behalf of itself .
9. The Contractor shall defend, indemnify, save and hold harmless
NEXTEL, its parents, subsidiaries, affiliates, their directors,
officers, agents, and the employees from any and all liabilities,
claims, or demands (including costs, expenses, and reasonable
attorney's fees) that may be made by any person, specifically
including, but not limited to, employees or agents of the
Contractor, and including but not limited to, employees or agents
of the Contractor's subcontractors, for injuries, including death
to persons, or damage to property, including theft, arising out of
this Agreement, by reason of any act, omission, misconduct,
negligence or default on the part of the Contractor, any
subcontractor or any employee of the Contractor or subcontractor;
and, except, as may otherwise be provided by applicable law, such
rights to indemnification shall obtain regardless of whether any
act, omission, misconduct, negligence or default (other than gross
negligence or willful misconduct) of NEXTEL or its employees
contributed or may be alleged to have contributed in any way
thereto. The Contractor shall defend NEXTEL at NEXTEL's request
against any such liability, claim or demand. The foregoing
indemnification shall apply whether the Contractor or NEXTEL
defends such suit or claim
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and shall extend to any costs incurred by NEXTEL to enforce the
terms of this indemnification. NEXTEL agrees to notify the
Contractor promptly of any written claims or demands against
Company for which the Contractor is responsible hereunder.
10. This Agreement, being one of personal services, may not be
assigned by the Contractor nor may any obligation of the
Contractor hereunder be assumed by any other person or third party
without the prior written consent of NEXTEL.
11. Any notice or demand required to be given in this Agreement shall
be made by certified or registered mail, return receipt requested,
to the address of the other party set forth below:
Contractor: CROWN NETWORK SYSTEMS, INC.
Xxxx Xxxxxx Xxxx XXX
Xxxxx 000
Xxxxxxxxxx, XX 00000
Attn: Xxxxxx X. Crown
NEXTEL: NEXTEL COMMUNICATIONS, INC.
00000 Xxxxxx Xxxxxx
Xxxxx, XX 00000
Any such notice or demand is deemed received three (3) business days
following deposit in the United States Mails addressed as required above.
Contractor or NEXTEL may from time to time designate any other address for this
purpose by giving written notice to the other party.
12. This Agreement may be executed simultaneously in several
counterparts, each of which shall be deemed to be an original, but
all of which shall constitute one and the same instrument.
13. This Agreement shall be binding upon NEXTEL and the Contractor,
their respective successors and assigns. Moreover, if any portion
of this Agreement shall be deemed legally unenforceable, the
unenforceability of that particular portion, including its
restrictive covenants, shall not limit the enforceability of that
particular portion, including its restrictive covenants and shall
not limit the enforceability of any other provision.
14. All obligations under this Agreement unless otherwise provided
herein, shall be for a period of five (5) years from the date of
this Agreement.
15. The parties agree that without the express written consent of the
other party, neither party shall reveal, disclose or promulgate to
any third party the terms of this Agreement or any portion
thereof, except to such third party's auditor, accountant or
attorney or to a
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governmental agency if required by regulation, subpoena or
government order to do so.
16. The laws of the Commonwealth of Pennsylvania, disregarding
conflict of law principles, shall govern this Agreement. Further,
each party submits to the jurisdiction of any federal or
commonwealth court sitting in Allegheny County, Pennsylvania.
Intending to be legally bound hereto, this Agreement is entered into
by the parties as of the day and year written above.
ATTEST: CROWN NETWORK SYSTEMS, INC.
/s/ Xxxxxxx Xxxxxx /s/ Xxxxxx X. Crown
_________________________ _________________________________________
Xxxxxx X. Crown
President
ATTEST: POWERFONE, INC.
d/b/a NEXTEL COMMUNICATIONS
/s/ Xxxxxxx X. Xxxxxx /s/ Xxx Xxxxxxx
__________________________ ________________________________________
By: Xxx Xxxxxxx
Vice President -- Ohio Valley
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EXHIBIT "A"
(1 of 2)
SERVICES TYPICALLY PROVIDED BY CONTRACTOR
---------------------------------------------
CONSTRUCTION BUILD-OUT:
----------------------
CROWN will obtain all permits necessary for construction of build-outs
and antennas installations.
CROWN will construct the interior building spaces to NEXTEL
specifications. This would include:
a. Electric service, 200 amp with separate meter;
b. Fencing around NEXTEL equipment; and
c. All cable tray layouts.
CROWN will install antennas and runs of coaxial per Xxxxxx
specifications for each Site.
CROWN will color code antennas and coaxial cable.
CROWN will sweep antennas and coaxial with a Marconi Network Analyzer.
CROWN will supply NEXTEL with complete documentation of all
installations and antenna sweeps.
PROJECT MANAGEMENT AND COORDINATION:
-----------------------------------
Coordinate all engineering layouts and Site selection.
Document all final site locations.
Obtain NEXTEL/CROWN building permit approvals.
Document all build-out locations by Site, by material.
Coordinate lease execution Site by Site.
Coordinate and order all material by Site, including types of
antennas, length of coaxial, room build-out and electrical
installation.
Schedule all installations (room build-outs, antenna installations).
EXHIBIT "A"
(2 of 2)
Submit Daily Project Projects by Site, by work type, etc. For
example:
a. Permitting;
b. Construction;
c. Antenna Installation;
d. Acceptance;
e. Documentation.
Submit project updates as required by NEXTEL management.
Provide as-built documentation by Site upon completion of the project.
EXHIBIT "B"
Fixed Fee for Initial Site Installations
----------------------------------------
Installation Price *
------------ -----
Completion of Tenant Improvements, [*]
Project Management and Labor to
Install and Service Antennas
Material Handling if Antenna and [*]
Coaxial System are Purchased by
NEXTEL
Cost of Antenna and Coaxial System [*]
if Purchased by CROWN
* The price for initial Site installations specifically does not
include the pick-up or delivery by CROWN of NEXTEL fixed network
equipment or battery plant from NEXTEL's warehouse to individual
Sites. NEXTEL shall, at NEXTEL's expense, arrange for pick-up and
delivery of said items to each Site.
[*] Indicates where text has been omitted pursuant to a request for confidential
treatment. The omitted text has been filed with the Securities and Exchange
Commission separately.
EXHIBIT "C"
CROWN NETWORK SYSTEMS, INC.
---------------------------
Any additional services performed by Contractor shall be subject to the
following hourly rates:
CLASSIFICATIONS RATES
--------------- -----
President [*]
Legal [*]
Vice President [*]
Program Director [*]
Operations Manager [*]
Operations Supervisor [*]
Construction Coordinator [*]
Property Site Researcher [*]
Project Manager [*]
Draftsman [*]
Tower Rigger [*]
Skilled Laborer [*]
Technician [*]
Office Clerical [*]
Electrician [*]
All hourly rates above do not include reasonable travel and lodging
expenses and shall be invoiced by the quarter-hour.
EQUIPMENT RATES
--------- -----
580 Backhoe [*]
Equipment Truck/Class 1 (daily) [*]
Mileage Charge [*]
Equipment Truck/Class 2 (daily) [*]
Mileage Charge [*]
18 Ton Truck Crane [*]
28 Ton Truck Cone [*]
Tractor Trailer with 40 Ton Lowboy [*]
Tractor Dump Trailer [*]
Single Axle Dump Truck [*]
977L High Lift [*]
D4 Dozer [*]
Uniloader [*]
Vibratory Roller [*]
Operator Overtime [*]
Quickie Saw (daily) [*]
Tamper (daily) [*]
Chain Saw (daily) [*]
[*] Indicates where text has been omitted pursuant to a request for confidential
treatment. The omitted text has been filed with the Securities and Exchange
Commission separately.
EXHIBIT "D"
INSURANCE REQUIREMENTS
----------------------
Commercial general liability insurance providing coverage for operations
and for contractual liability with respect to liability assumed by subcontractor
herein. The limits of coverage for such insurance shall not be less than
$1,000,000/$2,000,000 for bodily injury and $ 1,000,000 for property damage.
Comprehensive automobile liability insurance covering the use and
maintenance of owned, non-owned, hired and rented vehicles with limits of
coverage of not less than a combined single limit of $500,000 or not less than
$250,000 per person and $500,000 per occurrence for bodily injury and not less
than $300,000 per occurrence for property damage.
Workers' Compensation insurance with statutory limits of coverage.
Excess liability insurance in the umbrella form with a combined single
limit of $5,000,000.
NEXTEL shall be named as an additional insured on all such policies. All
insurance policies provided hereunder shall be endorsed to provide NEXTEL with
thirty (30) days notice of cancellation and/or restriction. If the initial
insurance policies required by this Agreement expire prior to the completion of
the Work, renewal certificates of insurance of policy shall be furnished thirty
(30) days prior to the date of their expiration.
