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Agmt16 Overland Pacific & Cutler
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Agmt16 Overland Pacific & Cutler
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Last modified
5/2/2019 9:11:07 AM
Creation date
10/20/2016 10:21:28 AM
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Template:
Agreement
Contractor Name
Overland Pacific & Cutler, Inc.
PROJECT NAME
Relocation Assistance for Docktown
RMP File Number
304
Date
10/18/2016
MO Ref
16-178, 17-054, 18-153
Amendment
Yes
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requirements, consisting of certificates of insurance evidencing all of the coverages required and <br /> an additional insured endorsement to Consultant's general liability policy, for a period of five years <br /> after the end of the term of this agreement. <br /> 10. Certificate(s) are to reflect that the insurer shall provide 30 days' notice to City of <br /> any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to <br /> delete any exculpatory wording stating that failure of the insurer to mail written notice of <br /> cancellation imposes no obligation, or that any patty shall "endeavor" (as opposed to being <br /> required) to comply with the requirements of the certificate. <br /> 11 . It is acknowledged by the parties of this agreement that all insurance coverage <br /> required to be provided by Consultant or any subcontractor, is intended to apply first and on a <br /> primary, noncontributing basis in relation to any other insurance or self-insurance available to <br /> City. <br /> 12. Consultant agrees to ensure that subcontractors, and any other party involved with <br /> the project who is brought onto or involved in the project by Consultant, provide the same <br /> minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all <br /> such coverage and assumes all responsibility for ensuring that such coverage is provided in <br /> conformity with the requirements of this section. Consultant agrees that upon request, all <br /> agreements with subcontractors and others engaged in the project shall be submitted to City for <br /> review. <br /> 13 . Consultant agrees not to self-insure or to use any self-insured retentions or <br /> deductibles on any portion of the insurance required herein and further agrees that it shall not allow <br /> any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in <br /> the performance of work on the project contemplated by this agreement to self-insure its <br /> obligations to City. If Consultant's existing coverage includes a deductible or self-insured <br /> retention, the deductible or self-insured retention must be declared to the City. At that time the <br /> City shall review options with the Consultant, which may include reduction or elimination of the <br /> deductible or self-insured retention, substitution of other coverage, or other solutions. <br /> 14. The City reserves the right at any time during the term of the contract to change <br /> the amounts and types of insurance required by giving the Consultant ninety (90) days advance <br /> written notice of such change. If such change results in substantial additional cost to the <br /> Consultant, the City shall negotiate additional compensation proportional to the increased benefit <br /> to City. <br /> 15. For purposes of applying insurance coverage only, this Agreement will be deemed <br /> to have been executed immediately upon any party hereto taking any steps that can be deemed to <br /> be in furtherance of or towards performance of this Agreement. <br /> 16. Consultant acknowledges and agrees that any actual or alleged failure on the part <br /> of City to inform Consultant of non-compliance with any insurance requirement in no way <br /> imposes any additional obligations on City nor does it waive any rights hereunder in this or any <br /> other regard. <br /> 17. Consultant shall renew the required coverage annually as long as City, or its <br /> employees or agents face an exposure from operations of any type pursuant to this agreement. <br /> This obligation applies whether or not the agreement is canceled or terminated for any reason. <br /> ATTY/AGR/2016.250/RELOCATION ASSISTANCE CONSULTANT AGREEMENT <br /> REV: 09-07-16 VR <br /> Page 16 of 18 <br />
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