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REV: 10-04-2021 RL
<br />CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and
<br />agrees to put forth its best professional efforts to perform its services under this Agreement
<br />in a manner consistent with that schedule.
<br />11. Indemnity. CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY,
<br />its Council, boards, commissions, officers, attorneys, employees and agents, from and
<br />against any and all claims, suits, actions liability, loss, damage, expense, cost (including,
<br />without limitation, costs and fees of litigation) of every nature, kind or description, which may
<br />be brought against, or suffered or sustained by, CITY, its Council, boards, commissions,
<br />officers, attorneys, employees or agents caused by, or alleged to have been caused by, the
<br />negligence, intentional tortuous act or omission, or willful misconduct of CONSULTANT, its
<br />officers, employees or agents in the performance of any services or work pursuant to this
<br />Agreement for CITY.
<br />CONSULTANT hereby further agrees to defend, indemnify, and save harmless the City of
<br />Redwood City (RWC), its Council, boards, commissions, officers, attorneys, employees and
<br />agents, from and against any and all claims, suits, actions liability, loss, damage, expense,
<br />cost (including, without limitation, costs and fees of litigation) of every nature, kind or
<br />description, which may be brought against, or suffered or sustained by, RWC, its Council,
<br />boards, commissions, officers, attorneys, employees or agents caused by, or alleged to
<br />have been caused by, the negligence, intentional tortuous act or omission, or willful
<br />misconduct of CONSULTANT, its officers, employees or agents in the performance of any
<br />services or work pursuant to this Agreement while providing services under this agreement
<br />for RWC.
<br />The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall
<br />include the duty to defend as set forth in Section 2778 of the California Civil Code; provided,
<br />however, that nothing herein contained shall be construed to require CONSULTANT to
<br />indemnify CITY and RWC and, its Council, boards, commissions, officers, attorneys,
<br />employees and agents against any responsibility or liability in contravention of Section 2782
<br />of the California Civil Code.
<br />The duty of Consultant to indemnity and save harmless, as set forth herein, shall survive
<br />termination of this Agreement.
<br />12. Insurance. CONSULTANT shall acquire and maintain Workers’ Compensation, employer’s
<br />liability, commercial general liability, owned and non-owned and hired automobile liability,
<br />and professional liability insurance covering risks relating to CONSULTANT’s services to
<br />be performed hereunder in form subject to the approval of the City Attorney and/or CITY’s
<br />Risk Manager. The minimum amounts of coverage corresponding to the aforesaid
<br />categories of insurance per insurable event, shall be as follows:
<br />Insurance Category Minimum Limits
<br />Workers’ Compensation statutory minimum
<br />Employer’s Liability $1,000,000 per accident for bodily injury or disease.
<br />CONSULTANT shall submit to City a Waiver of
<br />Subrogation endorsement in favor of City, its officers,
<br />agents, employees, and volunteers.
<br />Commercial General Liability $2,000,000 per occurrence for bodily injury, personal
<br />injury, and property damage, including without
<br />limitation, blanket contractual liability and coverage for
<br />ATTY/AGR.2021.213/City of San Carlos (Page 8 of 11)
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