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Item 17 - Agreements for On-Call Geotechnical Engineering Services
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11/21/2023 Regular
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Item 17 - Agreements for On-Call Geotechnical Engineering Services
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11/29/2023 3:33:56 PM
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Agenda Packet
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Public Works
Item #
17
Date
11/21/2023
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embodied in plans, specifications, studies, drawings, estimates, and other documents or works of <br />authorship fixed in any tangible medium of expression, including but not limited to, physical <br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or <br />caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant <br />shall require all subcontractors to agree in writing that City is granted a non-exclusive and <br />perpetual license for any Documents & Data the subcontractor prepares under this Agreement. <br />Consultant represents and warrants that Consultant has the legal right to license any and all <br />Documents & Data. Consultant makes no such representation and warranty in regard to <br />Documents & Data which were provided to Consultant by the City. City shall not be limited in <br />any way in its use of the Documents and Data at any time, provided that any such use not within <br />the purposes intended by this Agreement shall be at City's sole risk. <br />7. INSURANCE <br />Consultant shall procure and maintain for the duration of the contract insurance against <br />claims for injuries to persons or damages to property which may arise from or in connection with <br />the performance of the work hereunder and the results of that work by the Consultant, its agents, <br />representatives, employees or subcontractors. <br />a. Consultant shall not commence work for the City until it has provided evidence <br />satisfactory to the City that it has secured all insurance required under this Section. In <br />addition, Consultant shall not allow any subconsultant to commence work on any <br />subcontract until it has secured all insurance required under this Section. <br />b. Insurance coverage shall be at least as broad as: <br />(i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 <br />O1 covering CGL on an "occurrence" basis, including products and completed <br />operations, property damage, bodily injury and personal & advertising injury <br />with limits no less than $2,000,000.00 per occurrence. If a general aggregate <br />limit applies, either the general aggregate limit shall apply separately to this <br />project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be <br />twice the required occurrence limit. <br />(ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code <br />1 (any auto), with limits no less than $1,000,000.00 per accident for bodily <br />injury and property damage. <br />(iii) Workers' Compensation insurance as required by the State of California, <br />with Statutory Limits, and Employer's Liability Insurance with limit of no less <br />than$1,000,000.00 per accident for bodily injury or disease. <br />(iv) Professional Liability Insurance with limits no less than $2,000,000 per <br />occurrence or claim, and $2,000,000 policy aggregate. <br />(v) If the Consultant maintains broader coverage and/or higher limits than the <br />minimums shown above, the City requires and shall be entitled to the broader <br />Page 3 of 10 <br />
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