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R2017-98 Professional Services Agreement with ADS Environmental Services to Perofrm the Water Distribution Leak Detection Survey Project CP 2017-39
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R2017-98 Professional Services Agreement with ADS Environmental Services to Perofrm the Water Distribution Leak Detection Survey Project CP 2017-39
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8/10/2017 9:06:04 AM
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Resolution/Ordinance
Res Ord Num
2017-98
Res Ord Title
Approve Professional Services Agreement with ADS Environmental Services to Perform the Water Distribution Leak Detection Survey Project City Project 2017-39
Department
Public Works
Approved Date
8/7/2017
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7. Types and Limits of Insurance The Consultant shall provide the following: <br /> a. Workers'Compensation: <br /> Coverage A: Statutory Limits <br /> Coverage B: One hundred thousand dollars($100,000)employer's liability limits for <br /> each accident or per disease,per employee. Said policies shall be endorsed to cover any <br /> disability benefits or Federal compensation acts if applicable. <br /> b. General Liability: Combined single limits of one million dollars($1,000,000)per occurrence. <br /> General Liability Insurance shall include: <br /> Personal Injury Liability coverage. <br /> C. Automobile Liability: Combined single limits of one million dollars($1,000,000)per <br /> occurrence. Auto liability shall include hired and non-owned autos. <br /> d. Professional Liability: A professional liability errors and omissions policy with limits of one <br /> million dollars($1,000,000)per claim. If said policy is written on a claims made basis,the <br /> retroactive date of the policy must predate the date of this agreement. In addition,the policy <br /> term must extend one year beyond completion date of this agreement. <br /> e. Self-insured: If a self-insured retention or deductible is maintained on any of the policies,the <br /> Consultant shall provide the amount of the self-insured retention or deductible to the City. <br /> Such deductibles shall be subject to approval by the City. Such approval shall not be <br /> unreasonably withheld. The Consultant will be held solely responsible for the amount of <br /> such deductible and for any co-insurance. <br /> 8. Insurance Not A Limitation. The insurance coverage and requirements contained in this Section <br /> shall not be construed to be a limitation of liability for the Consultant. <br /> E. TERMINATION <br /> 1. This Agreement may be terminated in whole or in part in writing by either party in the event of <br /> substantial failure by the other party to fulfill its obligations under this Agreement through no <br /> fault of the terminating party;provided that no such termination may be affected unless the other <br /> party is given not less than fifteen(15)calendar days prior written notice(delivered by certified <br /> mail,return receipt requested)of intent to terminate, and an opportunity for consultation with the <br /> terminating party prior to termination. <br /> 2. This Agreement may be terminated in whole or in part in writing by the City for its convenience; <br /> provided that the Consultant is given not less than fifteen(15)calendar days prior written notice <br /> delivered by certified mail,return receipt requested of intent to terminate,and an opportunity for <br /> consultation with the City prior to termination. <br /> 3. Upon receipt of a notice of intent to terminate from the City pursuant to this Agreement,the <br /> Consultant shall(1)promptly discontinue all services affected(unless the notice directs <br /> otherwise),and(2)make available to the City at any reasonable time at a location specified by the <br /> City all data,drawings, specifications,reports, estimates, summaries, and such other information <br /> and materials as may have been accumulated by the Consultant in performing this Agreement, <br /> whether completed or in process. <br /> 4. Upon termination pursuant to this Agreement,the City's Representative may take over the work <br /> and complete the same by agreement with another party or otherwise. <br /> Last Revised:04/29/2015 <br />
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