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8E Consent 2009 0504
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8E Consent 2009 0504
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5/1/2009 10:47:03 AM
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5/1/2009 10:47:02 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/4/2009
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_CC Agenda 2009 0504
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Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 0504
Reso 2009-060
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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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 insureds under its <br />policies or shall furnish separate certificates and certified endorsements for each <br />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, agents, and <br />volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the <br />negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all <br />losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain <br />to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold <br />harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole <br />negligence, active negligence, or willful misconduct of the City. <br />With respect to third party claims against the Consultant, the Consultant waives any and all rights of any <br />type of expressed or implied indemnity against the Indemnitees. <br />Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by <br />California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to <br />indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. <br />Section 6. STATUS OF CONSULTANT. <br />6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall <br />be an independent contractor and shall not bean employee of City. City shall have the <br />Consulting Services Agreement between 08-593-52-243 <br />City of San Leandro and Freyer & Laureta, Inc. Page 7 <br />
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