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Item 35 - Construction Management and Inspection Services for Santa Ana Public Library Capital Projects
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06/06/2023 Regular & HA
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Item 35 - Construction Management and Inspection Services for Santa Ana Public Library Capital Projects
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12/12/2023 4:22:55 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
35
Date
6/6/2023
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(C) The City may require the Consultant to provide complete <br />copies of all insurance policies in effect for the duration of the Project. <br />(D) Neither the City nor any of its officials, officers, employees, <br />agents or volunteers shall be personally responsible for any liability arising under or by virtue of <br />this Agreement. <br />(E) The limits set forth herein shall apply separately to each <br />insured against whom claims are made or suits are brought, except with respect to the limits of <br />liability. Further the limits set forth herein shall not be construed to relieve the Consultant from <br />liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations <br />to the City and shall not preclude the City from taking such other actions available to the City <br />under other provisions of the Agreement or law. <br />(F) Consultant shall report to the City, in addition to Consultant's <br />insurer, any and all insurance claims submitted by Consultant in connection with the Services <br />under this Agreement. <br />3.3.11.12 Insurance for Subconsultants. Consultant shall include all <br />subconsultants engaged in any work for Consultant relating to this Agreement as additional <br />insureds under the Consultant's policies, or the Consultant shall be responsible for causing <br />subconsultants to purchase the appropriate insurance in compliance with the terms of these <br />Insurance Requirements, including adding the City, its officials, officers, and employees as <br />additional insureds to the subconsultant's policies. All policies of Commercial General Liability <br />insurance provided by Consultant's subconsultants performing work relating to this Agreement <br />shall be endorsed to name the City, its officials, officers, and employees, as additional insureds <br />using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. <br />Consultant shall not allow any subconsultant to commence work on any subcontract relating to <br />this Agreement until it has received satisfactory evidence of subconsultant's compliance with all <br />insurance requirements under this Agreement, to the extent applicable. The Consultant shall <br />provide satisfactory evidence of compliance with this section upon request of the City. <br />3.3.11.13 Claims Made Policies. If any of the required policies provide <br />coverage on a claims -made basis: <br />(A) The Retroactive Date must be shown and must be before <br />the date of the contract or the beginning of contract work. <br />(B) Insurance must be maintained and evidence of insurance <br />must be provided for at least five (5) years after completion of the contract of work. <br />(C) If coverage is canceled or non -renewed, and not replaced <br />with another claims -made policy form with a Retroactive Date prior the contract effective <br />date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years <br />after completion of contract work. <br />3.4 Labor Code Requirements. <br />3.4.1 Prevailing Wages. Consultant is aware of the requirements of California <br />Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, <br />-9- PROFESSIONAL SERVICES AGREEMENT <br />55394.00000\40418052.1 <br />
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