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Item 30 - Design Services for the Standard — McFadden Park Project
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08/17/2021 Regular
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Item 30 - Design Services for the Standard — McFadden Park Project
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
30
Date
8/17/2021
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c. If coverage is canceled or non -renewed, and not replaced with <br />another claims -made policy form with a Retroactive Date prior <br />to the contract effective date, the Consultant must purchase <br />"extended reporting" coverage for a minimum of five (5) years <br />after completion of work. <br />8. Verification of Coverage- The Consultant shall furnish the City with <br />original Certificates of Insurance including all required amendatory <br />endorsements (or copies of the applicable policy language effecting <br />coverage required by this clause) and a copy of the Declarations and <br />Endorsement Page of the CGL policy listing all policy endorsements to <br />Entity before services are performed pursuant to this Agreement. <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 City reserves the right to require complete, certified copies of all <br />required insurance policies, including endorsements required by these <br />specifications, at any time. Failure of the Consultant to provide the <br />required verification of coverage prior to the start of any services shall <br />be grounds for immediate termination of this Agreement. <br />9. 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 />Pursuant to the full language of California Civil Code §2782, Consultant agrees to indemnify, <br />including the cost to defend, entity and its officers, officials, employees, and volunteers from and against <br />any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, <br />recklessness, or willful misconduct of Consultant and its employees or agents in the <br />performance of services under this contract, but this indemnity does not apply to liability for <br />damages arising from the sole negligence, active negligence, or willful acts of the Public Entity; and <br />does not apply to any passive negligence of the Public Entity unless caused at least in part by the <br />Consultant. The Public Entity agrees that in no event shall the cost to defend charged to the <br />Consultant exceed that Consultant's proportionate percentage of fault. This duty to indemnify shall not <br />be waived or modified by contractual agreement or acts of the parties. <br />Page 5 of 10 <br />
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