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25C - AGMT - CATCH BASIN PROJ
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11/28/2011
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25C - AGMT - CATCH BASIN PROJ
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Last modified
1/3/2012 3:37:31 PM
Creation date
11/23/2011 4:39:11 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25C
Date
11/28/2011
Destruction Year
2016
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(1) Workers' compensation insurance with statutory limits, and employer's liability <br />insurance with limits of not less than $1,000,000 per accident. <br />(2) Commercial general liability insurance or equivalent form, with a combined single limit <br />of not less than $1,000,000 per occurrence. Such insurance shall name Orange County <br />and the City of Santa Ana and their officers, agents and employees as Additional Insured. <br />(3) Business automobile liability insurance, or equivalent form, with a combined single limit <br />of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non-owned automobiles. <br />All insurance coverages required pursuant to this section shall be primary and not contributory <br />with respect to insurance or self-insurance programs maintained by Orange County and/or City; contain <br />standard separation of insured provisions and provide waiver of subrogation clauses. <br />Contractor shall furnish properly executed certificates of insurance and Additional Insured <br />Endorsements to City prior to the commencement of work under this Agreement. Such certificates shall <br />clearly evidence all coverage required above and provide that such insurance shall not be materially <br />changed or terminated except on thirty (30) days prior written notice to City. Contractor shall maintain <br />such insurance from the time work first commences until completion of the work under this Agreement, <br />and replace such certificates for policies expiring prior to completion of work under this Agreement. <br />13. ASSIGNMENT <br />Contractor shall not assign any rights under this Agreement except upon prior written <br />authorization of City provided that claims or money due or to become due from City under this <br />Agreement may be assigned to a bank, trust company, financial institution or to a trustee in bankruptcy <br />without such approval. Notice of any such assignment or transfer shall be promptly furnished to City. <br />Contractor shall not subcontract any of the services required by this Agreement without written approval <br />of City. Contractor shall not delegate any authority or responsibility that would in any way purport to <br />relieve it of any obligation imposed by this Agreement. <br />14. CONFLICT OF INTEREST <br />Contractor covenants that it is an independent contractor and not an employee of the City and that <br />its personnel, employees and subcontractors are not employees of the City. Contractor presently has no <br />interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the <br />performance of the work under this Agreement. <br />15. UNAVOIDABLE DELAYS AND DEFAULTS <br />The time of completion of this Agreement shall be extended by the number of calendar days which <br />Contractor is prevented from performing work as a result of. inclement weather, acts of City not <br />contemplated by this Agreement, the unavailability of workers or materials due to strikes, accident, acts of <br />God, fire, unusual delays in transportation, unavoidable casualties, causes beyond Contractor's control, or any <br />cause which the City may determine justifies the delay. The Contractor shall not be entitled to an extension <br />in the number of calendar days for completion, unless, within five (5) days from the beginning of such delay, <br />it notifies the City in writing of the causes of the delay, which causes must be acceptable to the City. <br />4 <br />25C-19
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