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25G - AGMT FOR ASPHALT AND STORM DRAIN
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25G - AGMT FOR ASPHALT AND STORM DRAIN
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Last modified
11/25/2020 12:15:58 PM
Creation date
11/25/2020 12:10:55 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25G
Date
12/1/2020
Destruction Year
2025
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to be prepared by CONTRACTOR under this Agreement ("Documents & Data"). <br />CONTRACTOR shall require all subcontractors to agree in writing that City is granted a non- <br />exclusive and perpetual license for any Documents & Data the subcontractor prepares under <br />this Agreement. CONTRACTOR represents and warrants that CONTRACTOR has the legal <br />right to license any and all Documents & Data. CONTRACTOR makes no such representation <br />and warranty in regard to Documents & Data which were provided to CONTRACTOR by the <br />City. City shall not be limited in any way in its use of the Documents and Data at any time, <br />provided that any such use not within the purposes intended by this Agreement shall be at City's <br />sole risk. <br />7. INSURANCE <br />Prior to undertaking performance of work under this Agreement, CONTRACTOR shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. CONTRACTOR shall maintain <br />commercial general liability insurance naming the City, its officers, employees, <br />agents, volunteers and representatives as additional insured(s) and shall include, <br />but not be limited to protection against claims arising from bodily and personal <br />injury, including death resulting therefrom and damage to property, resulting from <br />any act or occurrence arising out of CONTRACTOR's operations in the <br />performance of this Agreement, including, without limitation, acts involving <br />vehicles. The amounts of insurance shall be not less than the following: single <br />limit coverage applying to bodily and personal injury, including death resulting <br />therefrom, and property damage, in the total amount of $1,000,000 per occurrence, <br />with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its <br />officers, employees, agents, and representatives as additional insured(s); (b) be <br />primary and not contributory with respect to insurance or self-insurance programs <br />maintained by the City; and (c) contain standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include <br />coverage for owned, hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3700 of the Labor Code, CONTRACTOR, if CONTRACTOR has any employees, <br />is required to be insured against liability for worker's compensation or to undertake <br />self-insurance. Prior to commencing the performance of the work under this <br />Agreement, CONTRACTOR agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br />d. If CONTRACTOR is or employs a licensed professional such as an architect or <br />engineer: Professional liability (errors and omissions) insurance, with a combined <br />single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. <br />e. The following requirements apply to the insurance to be provided by <br />CONTRACTOR pursuant to this section: <br />i. CONTRACTOR shall maintain all insurance required above in full force and <br />rFP 20-106 <br />-15 <br />
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