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<br />9.2.2 When requested by CITY, ENGINEER shall provide relevant analyses, fmdings, reports and
<br />construction documents (plans, specifications and estimates) in "hard" copy, and in electronic form, where the
<br />Project necessitates the use of CADD materials. The parties agree that the "hard" copy shall govero in the case of a
<br />discrepancy between the two versions, and shall be held as the officiat set of drawings, as signed and sealed.
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<br />9.2.2.1 The CITY shall be afforded a period of thirty (30) days in which to check the hard copy against the
<br />electronic media. In the event that an error or inconsistency is fOlUlct as a result of this process, the
<br />ENGINEER shall be advised and the inconsistency shall be corrected at no additional cost to the CITY.
<br />Following the expiration of this thirty-day period, the CITY shall bear all responsibility for the care,
<br />custody and control of the electronic media. In addition, the CITY represents that it shall retain the
<br />necessary mechanisms to read the electronic media, which the CITY acknowledges to be of only limited
<br />duration. All title btocks and the engineer's seat, ifapplicable, shall be removed if and when the CtTY
<br />provides the subject CADD drawings/electronic media to any other entity. The CITY agrees not to alter
<br />any such information provided by ENGINEER, nor shall it use such information for any plITJlose or proiect
<br />other than that intended by this Agreement.
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<br />9.3 INSURANCE
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<br />9.3.1 ENGINEER shall procure and maintain such insurance as will protcct ENGINEER from claims
<br />under the Workers' Compensation Act.
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<br />9.3.2 ENGtNEER shall secure and maintain a Professional Liability insurance policy. Said pot icy shall
<br />insure payment of damages for legaltiability arising out of the performance of professional services for the CITY, in
<br />the insured's capacity as ENGINEER, if such legal liability is caused by an error, omission or negligent act of the
<br />insured or any person or organization for whom the insured is legally tiabJc. Said policy shall provide minimum
<br />limits of $t ,000,000 with a deductible maximum of $250,000; and shall state that such insurance cannot be canceled
<br />nntil thirty (30) days after the CITY has received written notice (upon request) of the insurer's intention to cancel
<br />this insurance.
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<br />9.3.3 ENGINEER shall procure and maintain General Liability insurance as will protect ENGINEER
<br />from claims for bodily injury, death and property damage ill an annual aggregate of $1,000,000 with coverage for
<br />each occurrence of$I,OOO,OOO. CITY shalt be named as an additional insnred on such policy.
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<br />93.4 Before commencing its services, ENGINEER shall provide CITY certificates of insurance
<br />evidencing the required insurance coverage in a form acceptable to CITY.
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<br />9.3.5 At any time CITY may request that ENGINEER, at CITY's sole expense, provide additional
<br />insurance coverage, different limits or revised deductibles in excess of those specified above. If so requested by
<br />CITY, and if commercially available, ENGINEER shall obtain and shall require ENGINEER's independent
<br />professional associates and consultants to obtain such additional insurance coverage, different limits or revised
<br />deduetibles, for such periods of time as requested by CITY, and this Agreement will be supplemented to incorporate
<br />these requirements.
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<br />9.4 INDEMNIFICATION
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<br />9.4.1 ENGINEER agrees, to the fullest extent permitted by law, to indemnifY and hold harmtess CITY,
<br />its officers, employees and agents from any claims, costs, losses and damages (including but not limited to all fees
<br />and charges of engineers, architects, attorneys and other professionals and all comi or arbitration or other dispute
<br />resotution costs) to the extent caused by the negligent acts, errors or omissions of ENGINEER or ENGINEER's
<br />officers, directors, partners, employees, agents and ENGINEER's independent professional associates and
<br />consultants in the performance and furnishing of ENGINEER's services under this Agreement.
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<br />9.4.2 To the fullest extent permitted by taw, CITY shall indemnifY and hold harmless ENGINEER,
<br />ENGINEER's officers, directors, partners, employees and agents and ENGINEER's independent professional
<br />associates and consultants from and against any and all claims, costs, losses and damages (including but not limited
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<br />ARDENWPD
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<br />17
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<br />Rev. December 12, 1997
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