|
8. Verification of Coverage: Consultant shall furnish the City with original
<br />Certificates of Insurance including all required amendatory endorsements
<br />(or copies of the applicable policy language effecting coverage requiredby
<br />this clause) and a copy of the Declarations and Endorsement Page of the
<br />CGL policy listing allpolicy endorsements to City before work begins.
<br />However, failure to obtain the required documents prior to the work
<br />beginning shall not waive the Consultant's obligation to provide them.
<br />The Cityreserves the right to require complete, certified copies of all required
<br />insurance policies,including endorsements required by these specifications,
<br />at any time.
<br />9. Subcontractors: Consultant shall require and verify that all subcontractors
<br />maintain insurance meeting all the requirements stated herein, and
<br />Consultant shall ensure that City is an additional insured on insurance
<br />required from subcontractors.
<br />10. Special Risks or Circumstances: City reserves the right to modify these
<br />requirements, including limits, based on the nature of the risk, prior
<br />experience, insurer, coverage, or other special circumstances.
<br />8. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including death, and claims for property damage, which may arise from the negligent operations
<br />of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which
<br />relates to the services described in section 1 of this Agreement; and (2) from any claim that personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms
<br />of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all
<br />claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
<br />been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects,
<br />arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
<br />for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding
<br />any action by a third party challenging the validity of this Agreement, or asserting that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
<br />by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
<br />with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
<br />Consultant's services are subject to Civil Code Section 2782.8, as amended effective 1/l/2018, the above
<br />indemnity shall be limited, to the extent required by Civil Code Section 2782.8, as amended effective
<br />1/1/2018, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct
<br />of the Consultant.
<br />5
<br />
|