|
16.Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect,
<br />in any respect, the validity of the remainder of this Agreement or either parties ability to enforce a
<br />subsequent breach.
<br />17.Indemnification. The Consultant agrees to defend, indemnify and hold the City, and its mayor,
<br />council members, officers, agents, employees and representatives harmless from and against all
<br />liability, claims, damages, costs, judgments, losses and expenses, including but not limited to
<br />reasonable attorney’s fees, arising out of or resulting from any act or omission of the Consultant, its
<br />officers, agents, employees, contractors and/or subcontractors pertaining to the execution,
<br />performance or failure to adequately perform the Work and/or its obligations under this Agreement.
<br />18.Insurance.
<br />A.General Liability. Prior to starting the Work and during the full term of this Agreement, the
<br />Consultant shall procure, maintain and pay for such insurance as will protect against claims
<br />for bodily injury or death, and for damage to property, including loss of use, which may arise
<br />out of operations by the Consultant or by any subcontractor of the Consultant, or by anyone
<br />employed by any of them, or by anyone for whose acts any of them may be liable. Such
<br />insurance shall include, but not be limited to, minimum coverages and limits of liability
<br />specified in this Provision 18 or such greater coverages and amounts as are required by law.
<br />Except as otherwise stated below, the policies shall name the City as an additional insured for
<br />the Work provided under this Agreement and shall provide that the Consultant’s coverage
<br />shall be primary and noncontributory in the event of a loss.
<br />B.The Consultant shall procure and maintain the following minimum insurance coverages and
<br />limits of liability with respect to the Work:
<br />Worker’s Compensation: Statutory Limits
<br />Commercial General Liability: $1,000,000 per occurrence
<br /> $1,000,000 general aggregate
<br /> $1,000,000 products – completed operations
<br /> aggregate
<br /> $5,000 medical expense
<br />Comprehensive Automobile
<br />Liability: $1,000,000 combined single limit (shall include
<br /> coverage for all owned, hired and non-owed
<br /> vehicles.
<br />C.The Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form
<br />CG 0001, and shall include the following:
<br />(i) Personal injury with Employment Exclusion (if any) deleted;
<br />(ii) Broad Form Contractual Liability coverage; and
<br />(iii) Broad Form Property Damage coverage, including Completed Operations.
<br />D.During the entire term of this Agreement, and for such period of time thereafter as is
<br />necessary to provide coverage until all relevant statutes of limitations pertaining to the Work
<br />have expired, the Consultant shall procure, maintain and pay for professional liability
<br />insurance, satisfactory to the City, which insures the payment of damages for liability arising
<br />out of the performance of professional services for the City, in the insured’s capacity as the
<br />Consultant, if such liability is caused by an error, omission, or negligent act of the insured or
<br />Page 4
<br />
<br />
|