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11 .10.5 Additional Insureds. All required insurance (except Worker's Compensation and Professional
<br />Liability) shall include an Additional Insured endorsement identifying the City of West Palm as Additional
<br />Insureds. No costs shall be paid by the City for an additional insured endorsement.
<br />11 .10.6 Required Coverage: Consultant shall maintain following liability coverage, in the limits
<br />specified:
<br />Comprehensive General Liability: Not less than $1,000,000.00 Combined Single Limit per
<br />each occurrence and $2,000,000 aggregate. May not be subject to a self-insured retention or
<br />deductible exceeding $25 ,000.
<br />Automobile Liability: Not less than $1,000,000.00 Combined Single Limit per occurrence for
<br />bodily injury and property damage. May not be subject to a self-insured retention or
<br />deductible exceeding $10,000.
<br />Worker's Compensation: Worker's Compensation and Employer's Liability Insurance with
<br />limits of Employer's Liability Insurance not less than $500,000 "each accident,• $500,000
<br />"disease policy limit," and $500,000 "disease each employee."
<br />Professional Liability or Errors and Omissions: Not less than $2,000,000 per claim , including
<br />appropriate prior acts coverage for the period of time the Consultant provided services to the
<br />City. Self-insured retentions or deductibles should not exceed $50,000.00 for written
<br />agreements or contracts with the City with a value of less than $1,000 ,000; and $100,000 for
<br />contracts with a value of $1 ,000,000 or more.
<br />11 .10. 7 Insurance of Subconsultants . Consultant shall contractually require and verify that its sub-
<br />consultants will maintain during the term of their agreement, the above types of insurance , in coverage
<br />amounts acceptable to the City.
<br />11 .10.8 Anything to the contrary notwithstanding , the liabilities of Consultant and any sub-consultants
<br />under this Agreement shall survive and not be term inated, reduced or otherwise limited by any expiration or
<br />term ination of insurance coverages.
<br />11.11. Indemnification.
<br />Consultant agrees to indemnify and hold harmless the City , its officers , agents and employees, from
<br />liabilit ies, damages, losses and costs , including , but not limited to , reasonable attorneys' fees , to the extend
<br />caused by the negligence, recklessness or intentionally wrongful conduct of Consultant and any other persons
<br />employed or utilized by Consultant in provision of the Professional Services under this Agreement. To the
<br />extent considered necessary by the City, any sums due Consultant under this Agreement may be retained by
<br />City until all of City's claims for indemnification have been resolved, and any amount withheld shall not be
<br />subject to the payment of interest by City . This indemnification agreement is separate and apart from, and in
<br />no way limited by, any insurance provided pursuant to this Agreement or otherwise. This paragraph shall not
<br />be construed to require Consultant to indemnify the City for its own negligence, or intentional acts of the City,
<br />their agents or employees. Nothing in this Agreement shall be deemed to be a waiver of the City's sovereign
<br />immunity under Section 768.28, Florida Statutes. This clause shall survive the expiration or termination of this
<br />Agreement.
<br />11.12 Force Majeure
<br />Any deadline provided for in this Ag reement may be extended, as provided in this paragraph, if the
<br />deadline is not met because of one of the following conditions occurring with respect to that particular project
<br />or parcel: fire, strike, explosion , power blackout, earthquake , volcan ic action, flood , war, civil disturbances,
<br />te rrorist acts, hurricanes and acts of God. When one of the foregoing conditions interferes with contract
<br />performance, then the party affected may be excused from performance on a day-for-day basis to the extent
<br />such party's obligations relate to the performance so interfered with; provided, the party so affected shall use
<br />reasonable efforts to remedy or remove such causes of non-performance. The party so affected shall not be
<br />entitled to any additional compensation by reason of any day-for-day extension hereunder.
<br />Form-PSA CCNA Master 091914
<br />Erdman Anthony-14919
<br />101114
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