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<br /> Right of Entry,Release of Liability,Assumption of Risk
<br /> Ind emnification,.Defense and Hold Harmless Aueement
<br /> Between the Cfty of Tracy and Dietz Engineering and^Construction Inc.
<br /> In exchange for the City of Tracy, a California Municipal Corporation (hereinafter referred to as
<br /> the "City") allowing Dietz Engineering and Construction, Inc. 'a California Corporation
<br /> ("Dietz"), to enter the City's property which is described as Lot 7 on Page 03 in Book 250 of the
<br /> Assessor's Map of the County of'San Joaquin, State of California and commonly referred to as
<br /> the City's Chrisman Property (the"Property")to perform groundwater-quality studies as directed
<br /> by The San Joaquin County Department of Environmental Health (the "studies"), Dietz hereby
<br /> assumes the risk of and releases the City, its employees, agents, officers, and joint powers
<br /> authorities of which it is a member, from any and all claims, demands, rights and causes of
<br /> action of any kind that Dietz may'have on.account of, or in any way growing out of, Dietz, or
<br /> Dietz's employees, agents, or vo!unteers performing the: studies, using equipment, or, merely
<br /> being present on or around the PFoFeRT Dietz understands tliat'the Property'is-not improved or
<br /> secured and may contain hazards such as holes, ditches, trenches and wild animals, reptiles, and
<br /> insects and the City will not provide any security for any vehicles or equipment on the Property.
<br /> In the event of injury from Dietz, or Dietz's employees, agents, or volunteers, conducting the
<br /> studies, using equipment, or being present on or around the Property, Dietz agrees to release and
<br /> hold harmless the City, its employees, agents, officers, and joint powers authorities of which it is
<br /> a member,from any liability for bodily injury, personal injury, property damage, or for any
<br /> worker's compensation benefits to which Dietz's workers might otherwise be entitled as an
<br /> employee or covered volunteer,-arising out of Dietz, or Dietz's employees, agents, or volunteers
<br /> conducting the studies, using equipment, or merely being present or around the Property. Dietz
<br /> further agrees to obtain medical treatment for any such injury or illness at its own expense.
<br /> Further, Dietz agrees to indemnify, defend, and hold the City of Tracy, its employees; agents,
<br /> officers, and joint powers authorities of which it is a member,harmless from any damages to
<br /> person or property or liability for any and all claims, demands, rights and causes of action of any
<br /> kind that may arise from Dietz, or Dietz's employees, agents, or volunteers conducting the
<br /> studies,.using equipment, or merely being present on or around the Property-and Dietz does
<br /> hereby assume any risk of injury.or damage which may result from Dietz, or Dietz's employees,
<br /> agents, or volunteers conducting the studies, using equipment;or merely being present on or
<br /> around the Property. '
<br /> As further consideration for this Agreement, Dietz agrees, throughout the duration of this
<br /> Agreement, that Dietz shall maintain insurance to cover Dietz, its agents, representatives, and
<br /> employees in connection with the performance of services under this Agreement at the minimum
<br /> levels set forth as follows:
<br /> 1. Commercial General Liability (with coverage at least as broad as ISO
<br /> form CG 00 01 01 96) `per occurrence" coverage shall be maintained in an
<br /> amount not less than $2,000,000 general aggregate and $1,000,000 per occurrence
<br /> for general liability,bodily injury, personal injury, and property damage.
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