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Item 17 - Agreement with David Evans and Associates, Inc. for Landscape (10th and Flower Park)
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Item 17 - Agreement with David Evans and Associates, Inc. for Landscape (10th and Flower Park)
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3/28/2024 11:04:54 AM
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8/10/2023 1:44:22 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
17
Date
5/2/2023
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i. The Retroactive Date must be shown, and must be before the date of <br />the contract or the beginning of contract work. <br />ii. Insurance must be maintained and evidence of insurance must be <br />provided for at least five (5) years after completion of the contract of <br />work. <br />iii. If coverage is canceled or non -renewed, and not replaced with another <br />claims -made policy form with a Retroactive Date prior to the contract <br />effective date, the Consultant must purchase "extended reporting" <br />coverage for a minimum of five (5) years after completion of work. <br />(8) Verification of Coverage: Consultant shall furnish the City with original <br />Certificates of Insurance including all required amendatory endorsements (or <br />copies of the applicable policy language effecting coverage required by this <br />clause) and a copy of the Declarations and Endorsement Page of the CGL <br />policy listing allpolicy endorsements to City before work begins. However, <br />failure to obtain the required documents prior to the work beginning shall not <br />waive the Consultant's obligation to provide them. <br />The City reserves the right to require complete, certified copies of all required <br />insurance policies, including endorsements required by these specifications, at <br />any time. <br />(9) Subcontractors: Consultant shall require and verify that all subcontractors <br />maintain insurance meeting all the requirements stated herein, and Consultant <br />shall ensure that City is an additional insured on insurance required from <br />subcontractors. <br />(10) Special Risks or Circumstances: City reserves the right to modify these <br />requirements, including limits, based on the nature of the risk, prior <br />experience, insurer, coverage, or other special circumstances. <br />8. INDEMNIFICATION <br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, <br />agents, employees, consultants, special counsel, and representatives from liability: (1) for <br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of <br />claims for personal injury, including death, and claims for property damage, which may arise <br />from the negligent operations of the Consultant or its subconsultants, agents, employees, or other <br />persons acting on their behalf which relates to the services described in section 1 of this <br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, <br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. <br />This indemnity and hold harmless agreement applies to all claims for damages, just <br />compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, <br />by reason of the events referred to in this Section or by reason of the terms of, or effects, arising <br />Page 5 of 10 <br />
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