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<br />Redwood City Public Works Services <br />Customer Water Use Portal RFP 5 <br />4. The City will not be required to pay any invoice exceeding the budgeted dollar amount if <br />approval from The City is not obtained by the proposer. <br /> <br />6. Contract Type, Term and Method of Payment <br />It is anticipated that the contract resulting from this RFP, if awarded, will be a pay for performance <br />contract. The City will not be obligated to pay for any services until services are delivered. After work <br />has been approved and performed, services will be invoiced to Redwood City Public Works <br />Department on a timely basis no later than 30 days after completion of work. The City will not be <br />bound to pay any invoice earlier than 30 days after being receved. <br /> <br />7. Indemnification <br />Consultant will defend, indemnify and hold harmless City and its officers, agents, employees and <br />volunteers from and against all claims, damages, losses and expenses including attorney fees arising <br />out of the performance of the Services, caused in whole or in part by the willful misconduct or any <br />negligent act or omission of the Consultant, any subcontractor, anyone directly or indirectly <br />employed by any of them or anyone for whose acts any of them may be liable, except where caused <br />by the sole negligence or willful misconduct of City. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs <br />or makes to or on behalf of an injured employee under the City's self-administered workers' <br />compensation is included as a loss, expense or cost for the purposes of this section. <br /> <br />The parties expressly agree that this section shall survive the expiration or early termination of the <br />Agreement. <br /> <br />8. Insurance Requirements <br /> <br />8. Insurance. Consultant shall obtain and maintain for the duration of the Agreement and any <br />and all amendments, insurance against claims for injuries to persons or damage to property which <br />may arise out of or in connection with performance of the Services by Consultant or Consultant’s <br />agents, representatives, employees or subcontractors. The insurance carrier is required to maintain <br />an A.M. Best rating of not less than “A-:VII”. <br /> <br />8.1 Coverages and Limits. Consultant, at its sole expense, shall maintain the types of <br />coverages and minimum limits indicated below, unless otherwise approved by City in <br />writing. These minimum amounts of coverage will not constitute any limitations or cap on <br />Consultant's indemnification obligations under this Agreement. <br /> <br />8.1.1 Commercial General Liability Insurance. Consultant shall maintain occurrence <br />based coverage with limits not less than $1,000,000 per occurrence. If the submitted <br />policies contain aggregate limits, such limits will apply separately to the Services, <br />project, or location that is the subject of this Agreement or the aggregate will be <br />twice the required per occurrence limit. The Commercial General Liability insurance <br />policy shall be endorsed to name the City, its officers, agents, employees and <br />6.1.E. - Page 47