06-1003_CRW ASSOCIATES_Insurance Notice0
32400 PASEO ADEII
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
October 4. 2006
Christopher R. Wuerz, PE
President, CRW Systems, Inc.
16980 Via Tazon, Ste 320
San Diego, CA 92127
Dear Mr. Wuerz:
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
An agreement for installation and use of permit, planning, and code enforcement
software was approved by the City Council at the meeting on October 3, 2006. It is in
the process of being executed. It will be issued upon receipt of required documentation
related to contract terms under Section F.2. Insurance.
Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK --
followed by original signed documents. I have enclosed a copy of the agreement terms
for your reference in supplying this documentation.
If you have questions specific to the contact, please contact the project manager, Jill
Thomas, Management Analyst II (949) 443-6362. Please call Christy Swanson,
Secretary, (949) 443-6310 if you have questions regarding the forms of insurance
needed.
Thank you
M o ahan, CMC
'nas, Management Analyst II
Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
F.1.3. It is understood that the duty of CRW to indemnify, defend, and hold CLIENT harmless includes
the duty to defend as set forth in Section 2778 of the California Civil Code, except CRW shall have the
right, at its own expense, to retain its own attorneys to defend CLIENT, which attorneys shall have the
right to control any litigation or arbitration brought by any claimant.
F.1.4. Acceptance of insurance certificates and endorsements required under this Agreement does not
relieve CRW from liability under this indemnification and hold harmless clause. This indemnification
and hold harmless clause shall apply whether or not such insurance policies shall have been determined to
be applicable to any of such damages or claims for damages.
F.1.5. CRW's indemnification and defense obligations under this section F shall not be enforceable
unless CLIENT provides written notice to CRW of any applicable claim within 30 days of receipt by
CLIENT of written notice of such claim from any claimant.
F.1.6. CRW shall reimburse the CLIENT for all costs and expenses (including but not limited to fees and
charges of attorneys or other professionals and court costs) incurred by the CLIENT in enforcing the
provisions of this section.
F.2. INSURANCE:
CRW, shall at CRW's own expense, purchase, maintain and keep in force during the term of this
Agreement (unless otherwise stated below) such insurance as set forth below. All insurance policies
provided under this Agreement shall be written on an "occurrence" basis. The insurance requirements
shall remain in effect throughout the term of this Agreement.
F.2.1. Worker's Compensation as required by law, Employers Liability Insurance of not less than
$100,000.00 00 for each accident, $100,000.00 disease -each employee, $500,000.00 disease -policy limit.
F.2.2. Commercial General Liability Insurance - $1,000,000.00 Combined Single Limit
F.2.3. Professional Liability Insurance - $500,000.00 Limit. Professional Liability insurance will be in
force for twelve (12) months from commencement date. Professional Liability insurance shall apply to
services performed by CRW staff only. Professional Liability insurance shall not apply to third -party
services or services of subcontractors.
F.2.4. Automobile Liability: $1,000,000 Combined Single Limit Per Occurrence
F.2.5. All policies are to be written through companies duly approved to transact that class of insurance in
the State of California.
F.2.6. Insurance is to be placed with carriers with a Best rating of A: VII or better.
F.2.7. CRW hereby waives subrogation rights for loss or damage to the extent same are covered by
insurance. Insurers shall have no right of recovery or subrogation against CLIENT, it being the intention
that the insurance policies shall protect all parties to the Contract and be primary coverage for all losses
covered by the policies.
F.3. PROOF OF INSURANCE
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