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7. Types and Limits of Insurance. The Consulting Engineer 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,no less than,one million dollars($1,000,000) <br /> per occurrence. General Liability Insurance shall include: <br /> Personal Injury Liability coverage. <br /> C. Automobile Liability: Combined single limits of,no less than,one million dollars <br /> ($1,000,000)per occurrence. Auto liability shall include hired and non-owned autos. <br /> d. Professional Liability: A professional liability errors and omissions policy with limits of,no <br /> less than,one million dollars($1,000,000)per claim. If said policy is written on a claims <br /> made basis,the retroactive date of the policy must predate the date of this agreement. In <br /> addition,the policy 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 /> Consulting Engineer shall provide the amount of the self-insured retention or deductible to <br /> the City. Such deductibles shall be subject to approval by the City. Such approval shall not <br /> be unreasonably withheld. The Engineer 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 Consulting Engineer. <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 Consulting Engineer is given not less than fifteen(15)calendar days prior <br /> written notice delivered by certified mail,return receipt requested of intent to terminate,and an <br /> opportunity for consultation with the City prior to termination. <br /> 3. Upon receipt of a notice of intent to terminate from the Cit pursuant to this Agreement,the <br /> p p YP <br /> Consulting Engineer 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 Consulting Engineer in performing this <br /> Agreement,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 /> 7 <br /> Last Revised:2/03/2022 <br />