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4.4,5 Deductibles and Self•lnsured Retentions. Consultant shall disclose to and
<br />obtain the approval of City for the self-Insured retentions and deductibles before
<br />beginning any of the services or work caked for by any term of this Agreement,
<br />During the period covered by this Agreement, only upon the prior express written
<br />authorizzation of Contract Administrator, Consultant may increase such deductibles
<br />orself-insured retentions with respect to City, its officers, employees, agents, and
<br />volunteers. The Contract Adminis~ator may condition approval of an increase in
<br />deductible orself-insured retention levels with a requirement that Consultant
<br />procure a bond, guaranteeing payment of losses and related investigations, claim
<br />administration, and defense expenses that Is satisfactory in all respects to each of
<br />them,
<br />4.5 Rem tidies. 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 fallowing 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 />unkil Consultant demonstrates compliance with the requirements hereof; andlor
<br />Terminate this Agreement.
<br />Sg„ction 5. INDEMNIFICAY>ONRND CONSULTANT'S RESPONSIBILITIES. Gonsultant shall
<br />indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
<br />employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
<br />damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
<br />property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
<br />or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
<br />subcontractors, or agents, by acts for which they could beheld strictly liable, or by the quality or character
<br />of their work. The foregoing obligation of Consultant shau not apply when (1) the injury, loss of life, damage
<br />to property, or violation pf law arises wholly from the negligence or willful misconduct of the City or ifs
<br />officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
<br />subcontractor, or agents have contributed in no pall to the injury, loss of life, damage to property, or
<br />Consulting Services Agreement between
<br />City of San Leandro and Environmental Science Associates (ESA) Page 7 of 13
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