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25C - AGMT - ON CALL ENGINEERING SRVS
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02/02/2016
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25C - AGMT - ON CALL ENGINEERING SRVS
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1/28/2016 4:31:34 PM
Creation date
1/28/2016 3:47:59 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25C
Date
2/2/2016
Destruction Year
2021
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against claims arising from bodily and personal injury, including death resulting <br />therefrom and damage to property, resulting from any act or occurrence arising out of <br />Consultant's operations in the performance of this Agreement, including, without <br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the <br />following: single limit coverage applying to bodily and personal injury, including death <br />resulting therefrom, and property damage, in the total amount of $1,000,000 per <br />occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its <br />officers, employees, agents, and representatives as additional insured(s); (b) be primary <br />and not contributory with respect to insurance or self - insurance programs maintained by <br />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 <br />of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of <br />the Labor Code, Consultant, if Consultant has any employees, is required to be insured <br />against liability for worker's compensation or to undertake self - insurance. Prior to <br />commencing the performance of the work under this Agreement, Consultant agrees to <br />obtain and maintain any employer's liability insurance with limits not less than <br />$1,000,000 per accident. <br />d. If Consultant is or employs a licensed professional such as an architect or engineer: <br />Professional liability (errors and omissions) insurance, with a combined single limit of <br />not less than $1,000,000 per claim with $2,000,000 in the aggregate. <br />e. The following requirements apply to the insurance to be provided by Consultant pursuant <br />to this section: <br />(i) Consultant shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of <br />this Agreement and shall be approved by the City. <br />(iii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />(iv) Consultant shall supply City with a fully executed additional insured <br />endorsement. <br />f If Consultant fails or refuses to produce or maintain the insurance required by this section <br />or fails or refuses to furnish the City with required proof that insurance has been procured <br />and is in force and paid for, the City shall have the right, at the City's election, to <br />forthwith terminate this Agreement. Such termination shall not affect Consultant's right <br />to be paid for its time and materials expended prior to notification of termination. <br />Consultant waives the right to receive compensation and agrees to indemnify the City for <br />any work performed prior to approval of insurance by the City. <br />25C -7 Page 13 <br />
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