|
Attention: Maria Castro, 26 Civic Center Plaza, Santa Ana, CA 92701. The name and location
<br />of project should be included in the Description of Operations section of each certificate.
<br />Self -Insured Retentions
<br />Self -insured retentions must be declared to and approved by the City. City may require the Consultant
<br />to purchase coverage with a lower retention or provide proof of ability to pay losses and related
<br />investigations, claim administration, and defense expenses within the retention.
<br />Acceptability of Insurers
<br />Insurance is to be placed with insurers authorized to conduct business in the state with a current
<br />A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City.
<br />Verification of Coverage
<br />Consultant shall furnish City with original Certificates of Insurance including all required amendatory
<br />endorsements (or copies of the applicable policy language effecting coverage required by this clause)
<br />and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy
<br />endorsements to City before work begins. However, failure to obtain the required documents prior to
<br />the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to
<br />require complete, certified copies of all required insurance policies, including endorsements required
<br />by these specifications, at any time.
<br />Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits, based on the nature of the risk,
<br />prior 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, contractors, 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 subcontractors, agents, employees, or other persons acting on their behalf which
<br />relates to the services described in section I 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, the above indemnity shall be limited, to
<br />the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the
<br />negligence, recklessness, or willful misconduct of the Consultant.
<br />M
<br />
|