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