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25F - AGMT - DELHI DIVERSION PROJECT
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25F - AGMT - DELHI DIVERSION PROJECT
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Last modified
12/11/2014 4:17:06 PM
Creation date
12/11/2014 4:08:50 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25F
Date
12/16/2014
Destruction Year
2019
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Professional Services Agreement with URS Corporation <br />December 16, 2014 <br />Page 3 of 7 <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general <br />liability insurance which shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resulting therefrom and damage to property, <br />resulting from any act or occurrence arising out of Consultant's operations in the performance <br />of this Agreement, including, without limitation, acts involving vehicles. The amounts of <br />insurance shall be not less than the following: single limit coverage applying to bodily and <br />personal injury, including death resulting therefrom, and property damage, in the total amount <br />of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, <br />its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be <br />primary and not contributory with respect to insurance or self- insurance programs maintained <br />by the City; and (c) contain standard separation of insured's provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of <br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, <br />hired and non -owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the <br />Labor Code, Contractor, if Contractor has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self- insurance. Prior to commencing the <br />performance of the work under this Agreement, Contractor agrees to obtain and maintain any <br />employer's liability insurance with Limits not less than $1,000,000 per accident. <br />d. Professional liability (errors and omissions) insurance, with a combined single limit of not <br />less than $1,000,000 per claim. <br />e. The following requirements apply to the insurance to be provided by Consultant pursuant to <br />this section; <br />i. Contractor shall maintain all insurance required above in full force and effect for the <br />entire period covered by this Agreement. <br />ii. Certificates of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City Attorney. <br />iii. Certificates and policies shall state that the policies shall not be cancelled or reduced <br />in coverage or changed in any other material aspect without thirty (30) days prior <br />written notice to the City. <br />I£ Contractor fails or refuses to produce or maintain the insurance required by this section or <br />fails or refuses to furnish the City with required proof that insurance has been procured and is <br />in force and paid for, the City shall have the right, at the City's election, to forthwith <br />terminate this Agreement. Such termination shall not affect Contractor's right to be paid for <br />its time and materials expended prior to notification of termination. Contractor waives the <br />right to receive compensation and agrees to indemnify the City for any work performed prior <br />to approval of insurance by the City. <br />8. INDEMNIFICATION <br />To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless <br />City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and <br />all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, <br />25F -9 <br />
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