01-15-2015 Council Packet - Laserfiche WebLink

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CITY of any Additional Services, prior to furnishing such additional services, The CITY may rec�uest an estimate of additional cost from the CONSULTANT, and upon receipt of the request, the C4NSULTANT shall furnish such, priar to authorization of the changed scope of work, C. LIMITATION OF LIABILITY CONSULTANT shall indemnify, defend, and hold harmless CLTENT and its officials, agents and employees from any loss, claim., liability, and expense (including reasonable attvrneys' fees and expenses of litigation} arising from, or based in the whale, or in any part, on any negligent act or omission by CONSULTANT'S employees, agents, or subcansultants. In no event shall CLTENT be liable to CONSULTANT for consequential, incidental, indirect, special, or punitive damages. Nothing conta.ined in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLZENT or the CONSULTANT, Tl�e CONSULTANT'S services under this Agreement are being performed solely for the CLIENT'S benefit, and no other entity shall have any claim against the CONSULTANT because af this Agreement or the performance ox nonperformance of services provided hereunder. 1'he CLIENT agrees to include a pravision in ali contracts with contractors and other entities involved in this project to carry out the intent ofthe paragraph. D. INSURANCE � The CONSULTANT agree� to maintain, at the CONSULTANT'S expense, statutory worker's compensation caverage. The CUNSULTAN'T also agrees to maintain, at CONSULTANT'S expense, general liability insurance coverage insurin� CUNSULTAI�IT against claims for bodily injury, death or property damage arising out af CONSULTANT'S general business activities(including automobile use). The liability insurance palicy shall provide coverage for each ocaurrence in the minimum amount of$1,00O,OOQ. The GONSULTANT also agrees to maintain, at CONSULTANT'S expense,Professional Liability Insurance coverage insuring CONSULTANT against damages for legal Iiability arising from an enor, omission ar negligent act in the performance of professional services required by this agreement, providing that such coverage is reasanably available at commercially affordable premiums. For purposes of this agreement, "reasonably available" and "commercially affordable" shall mean that more than half of the design professionals practicing in this state in CONSULTANT'S discipline are able to obtain eoverage, The professionaI liability insurance policy shall provide coverage for each oceurrence in the amount of$1,000,000 and annual aggregate of$1,00�,OOa an a claims-made basis. Upon re�uest of CITY, CONSULTANT shall provide CTTY with certificates of insuxance, showing evidence of required coverages. i s�as6vz Aage 5 of 9