|
6.B. - Page 38 of 39
<br />indemnification, and insurance that will apply to Kennedy/Jenks Consultants, Inc's performance of
<br />services under the Master Agreement for the PREP Phase 3 Feasibility Study Scope of Work, which
<br />shall control against any conflicting terms within the Master Agreement;
<br />NOW, THEREFORE, in consideration of the recitals and mutual obligations herein expressed, SVCW and
<br />Kennedy/Jenks Consultants, Inc agree as follows:
<br />1. THIRD PARTY BENEFICIARIES
<br />BAWSCA, Cal Water, Redwood City, San Mateo, and SFPUC are Third Party Beneficiaries under
<br />the Master Agreement with respect to Kennedy/Jenks Consultants, Inc's performance of services
<br />for the PREP Phase 3 Feasibility Study Scope of Work.
<br />2. INDEMNIFICATION
<br />Kennedy/Jenks Consultants, Inc agrees to indemnify, defend, and hold harmless all Parties and
<br />their respective directors, officials, officers, agents, and employees for any and all claims, suits,
<br />judgments, damages, penalties, costs, expenses, liabilities, and losses (including without
<br />limitation, sums paid in settlement of claims, actual attorneys' fees, paralegal fees, consultant fees,
<br />engineering fees, expert fees, and any other professional fees) that arise from or are related in any
<br />way to the operation and/or performance of this agreement and the task order under the Master
<br />Agreement for the PREP Phase 3 Feasibility Study Scope of Work.
<br />3. INSURANCE
<br />Kennedy/Jenks Consultants, Inc agrees to procure and maintain in force the following
<br />insurance at all times during the term of the PREP Phase 3 Feasibility Study Agreement
<br />and the task order under the Master Agreement to perform the Scope of Work, and to
<br />name all Parties and their directors, officials, officers, agents, and employees as additional
<br />insureds, (1) Commercial General Liability Insurance with limits not less than $2,000,000
<br />each occurrence for Bodily Injury and Property Damage, including Contractual Liability,
<br />Personal Injury, Products and Completed Operations; (2) Commercial Automobile
<br />Liability Insurance with limits not less than $1,000,000 each occurrence, "Combined
<br />Single Limit" for Bodily Injury and Property Damage, including Owned, Non -Owned and
<br />Hired auto coverage, as applicable, if Kennedy/Jenks Consultants, Inc uses or causes to be
<br />used any vehicles in connection with its performance of services under the this agreement
<br />and the task order under the Master Agreement to perform the Scope of Work; (3)
<br />Workers' Compensation, in statutory amounts, with Employers' Liability Limits not less
<br />than $1,000,000 each accident, injury, or illness with a waiver of subrogation in favor of
<br />each of the Parties; and (4) Professional Liability Insurance, applicable to Kennedy/Jenks
<br />Consultants, Inc's profession, with limits not less than $1,000,000 for each claim with
<br />respect to negligent acts, errors or omissions in connection with services provided.
<br />Page 16
<br />ATTY/AGR.2020.216/MOA- SVCW, SFPUC, BAWSCA, Cal -Water, City of San Mateo (Page 35 of 36)
<br />
|