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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 Page 6 of 29