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Agmt09 Pump Repair Service Company
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Agmt09 Pump Repair Service Company
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Last modified
8/9/2010 2:22:04 PM
Creation date
1/5/2010 8:27:28 AM
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Template:
Agreement
Contractor Name
Pump Repair Service Company, Inc
PROJECT NAME
Storm Utility System Pumps, Motors and Flap Gate Maintenance and Repair Services
RMP File Number
304
Date
12/23/2009
MO Ref
09-259
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<br />Contractor. Nothing contained in this Agreement will create any contractual relationship <br />between any subcontractor of Contractor and City. Contractor will be responsibJe for payment <br />of subcontractors. Contractor will bind every subcontractor and every subcontractor of a <br />subcontractor by the terms of this Agreement applicable to Contractor's work unless <br />specifically noted to the contrary in the subcontract and approved in writing by City. <br /> <br />9. Other Contractors. The City reserves the right to employ other Contractors in <br />connection with the Services. <br /> <br />10. Indemnification. Contractor will defend, indemnify and hold harmless City and its <br />officers, agents, employees and volunteers from and against all claims, damages, losses and <br />expenses including attorney fees arising out of the performance of the Services, caused in <br />whole or in part by the willful misconduct or any negligent act or omission of the Contractor, <br />any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose <br />acts any of them may be liable, except where caused by the active negligence, sole <br />negligence, or willful misconduct of City. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br />expense City incurs or makes to or on behalf of an injured employee under the City's self- <br />administered workers' compensation is included as a loss, expense or cost for the purposes of <br />this section, and that this section will survive the expiration or early termination of the <br />Agreement. <br /> <br />11. Insurance. Contractor will obtain and maintain for the duration of the Agreement and <br />any and all amendments, insurance against claims for injuries to persons or damage to <br />property which may arise out of or in connection with performance of the Services by <br />Contractor or Contractor's agents, representatives, employees or subcontractors. The <br />insurance will be obtained from an insurance carrier admitted and authorized to do business in <br />the State of California. The insurance carrier is required to have a current Best's Key Rating <br />of not less than "A-:V." <br /> <br />11.1 Coveraaes and Limits. Contractor will maintain the types of coverages and <br />minimum limits indicated below, unless Risk Manager or City Manager, in consultation <br />with the City Attorney approves a lower amount. These minimum amounts of coverage <br />will not constitute any limitations or cap on Contractor's indemnification obligations <br />under this Agreement. City, its officers, agents, volunteers and employees make no <br />representation that the limits of the insurance specified to be carried by Contractor <br />pursuant to this Agreement are adequate to protect Contractor. If Contractor believes <br />that any required insurance coverage is inadequate, Contractor will obtain such <br />additional insurance coverage, as Contractor deems adequate, at Contractor's sole <br />expense. <br /> <br />11.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single- <br />limit per occurrence for bodily injury, personal injury and property damage. If the <br />submitted policies contain aggregate limits, general aggregate limits will apply <br />separately to the work under this Agreement or the general aggregate will be <br />twice the required per occurrence limit. <br /> <br />11.1.2 Automobile Liabilitv. $1,000,000 combined single-limit per accident for <br /> <br />Agreement over $1 OK 3 of 13 <br />City Attorney Approved Version 111803 <br />
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