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Agmt 2008 Group 4 Architecture Research + Planning Inc
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Agmt 2008 Group 4 Architecture Research + Planning Inc
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Last modified
9/22/2008 3:13:48 PM
Creation date
9/22/2008 3:12:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/15/2008
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_CC Agenda 2008 0915
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0915
Reso 2008-117
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2008
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employees, and volunteers; or the Consultant shall provide a financial guarantee <br />satisfactory to the City guaranteeing payment of losses and related investigations, <br />claim administration and defense expenses. <br />4.4.4 Wasting Policies. No policy required by this Section 4 except professional <br />liability shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of <br />defense), <br />4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which <br />any insurer or contractor may require from vendor by virtue of the payment of any <br />loss, Consultant agrees to obtain any endorsements that may be necessary to <br />affect this waiver of subrogation. <br />The Workers' Compensation policy shall be endorsed with a waiver of subrogation <br />in favor of the entity for all work performed by the consultant, its employees, <br />agents, and subcontractors. <br />4.4.6 Subcontractors. Consultant shall include all subcontractors as insured's under <br />its policies or shall furnish separate certificates and certified endorsements for <br />each subcontractor, All coverages for subcontractors shall be subject to all of the <br />requirements stated herein. <br />4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide <br />or maintain any insurance policies or policy endorsements to the extent and within the time <br />herein required, City may, at its sole option exercise any of the following remedies, which <br />are alternatives to other remedies City may have and are not the exclusive remedy for <br />Consultant's breach: <br />^ Obtain such insurance and deduct and retain the amount of the premiums for such <br />insurance from any sums due under the Agreement; <br />^ Order Consultant to stop work under this Agreement or withhold any payment that <br />becomes due to Consultant hereunder, or both stop work and withhold any payment, <br />until Consultant demonstrates compliance with the requirements hereof; and/or <br />^ Terminate this Agreement. <br />Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the <br />fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, <br />defend with counsel acceptable to City, indemnify and hold City, its officers, employees, and volunteers, <br />harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, <br />recklessness, or willful misconduct of the Consultant, (°Claims"). Consultant will bear all losses, costs, <br />damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to <br />such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and <br />CSA between City of San Leandro and Group 4 Architecture Project No. 06-210-18-116 <br />San Leandro Senior Center -Phase 2 Page 7 <br />
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