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2000-307
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2000-307
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Last modified
8/6/2024 11:21:37 AM
Creation date
8/6/2024 11:20:27 AM
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Official Documents
Official Document Type
Agreement
Approved Date
10/10/2000
Control Number
2000-307
Agenda Item Number
11.G.4.
Entity Name
Proctor Construction Company
Subject
Construction Management at Risk Agreement
Area
North County Regional Park
Project Number
9926
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40 <br />statute, the Contractor shall provide adequate insurance, satisfactory to the Owner, for the protection of employees <br />not otherwise protected. <br />(3) Contractor's Public Liability and Property Damage Insurance The Contractor shall take out and maintain during the <br />life of this Agreement Commercial General Liability and Comprehensive Automobile Liability Insurance as shall <br />protect him from claims for damage for personal injury, including accidental death, as well as claims for property <br />damages which may arise from operating under this Agreement whether such operations are by himself or by anyone <br />directly or indirectly employed by him, and the amount of such insurance shall be minimum limits as follows: <br />(a) Contractor's Commercial General Liability $500,000 Each Occurrence <br />Coverage, Bodily Injury & Property Damage Combined Single Limit <br />(b) Automobile Liability Coverage $100,000 Each Occurrence <br />Bodily Injury & Property Damage Combined Single Limit <br />(c) Excess Liability, Umbrella Form $1,000,000 Each Occurrence <br />Combined Single Limit <br />Insurance clause for both Bodily Injury and Property Damage shall be amended to provide coverage on an <br />occurrence basis. <br />(4) Subcontractor's Public Liability and Propea Damage Insurance The Contractor shall require each of his <br />subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or <br />insure the activities of his subcontractors in his policy, as specified above. <br />(5) Owner's and Contractor's Protective Liability Insurance The Contractor shall procure as a cost of the Project and <br />furnish an Owner's and Contractor's Protective Liability Insurance Policy with the following minimum limits: <br />(a) Bodily Injury Liability & $500,000 Each Occurrence <br />Property Damage Liability Combined Single Limit <br />(6) "XCU" (Explosion. Collapse. Underground Damage) The Contractor's Liability Policy shall provide "XCU" <br />coverage for those classifications in which they are excluded. <br />(7) Broad Form Propeea Damage Coverage. Products & Completed Operations Coverage The Contractor's Liability <br />Policy shall include Broad Form Property Damage Coverage, products and Completed Operations Coverage. <br />(g) Contractual Liability Work Contracts The Contractor's Liability Policy shall include Contractual Liability Coverage <br />designed to protect the Contractor for contractual liabilities assumed by the Contractor in the performance of this <br />Agreement. <br />(9) Indemnification Rider <br />(a) To cover to the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the <br />Owner and the Architect -Engineer and their agents and employees from and against all claims, damages, <br />losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the <br />performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to <br />bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the <br />Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any <br />negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by <br />any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused <br />in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or <br />otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or <br />person described in this Article. <br />(b) In any and all claims against the Owner or the Architect -Engineer or any of their agents or employees by <br />any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them <br />or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph <br />shall not be limited in any way by any limitation on the amount or type of damages, compensation or <br />benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation <br />acts, disability benefit acts or other employee benefit acts. <br />24 <br />
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