|
8. Verification of Coverage: 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
<br />to City before work begins. However, failure to obtain the required
<br />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
<br />required insurance policies, including endorsements required by
<br />these specifications, at any time.
<br />9. Subcontractors: Consultant shall require and verify that all
<br />subcontractors maintain insurance meeting all the requirements
<br />stated herein, and Consultant shall ensure that City is anadditional
<br />insured on insurance required from subcontractors.
<br />10. Special Risks or Circumstances: City reserves the right to modify
<br />these requirements, including limits, based on the nature of the risk,
<br />prior experience, insurer, coverage, or other special circumstances.
<br />INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, consultants, 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 or its Consultants, subcontractors, agents, employees, or
<br />other persons acting on their behalf which relates to the services described in section 1 of this
<br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
<br />This indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br />restitution, judicial or equitable relief suffered, or alleged to have been. suffered, by reason of the
<br />events referred to in this Section or by reason of the terms of, or effects, arising from this
<br />Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
<br />defense of the City, including fees and costs for special counsel to be selected by the City,
<br />regarding any action by a third party challenging the validity of this Agreement, or asserting that
<br />personal injury; damages, just compensation, restitution, judicial or equitable relief due to personal
<br />or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br />May .make all reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding the foregoing; to the extent Consultant's services are subject to Civil Code
<br />Section 2782.81 the above indemnity shall be limited, to the extent required by Civil Code Section
<br />2782.8, to claims that arise. of, pertain to, or relate to the negligence, recklessness, or willful
<br />misconduct of the Consultant.
<br />Page 5 of 11
<br />
|