RES 88549 - Laserfiche WebLink

12. Legal Relations. It is agreed that: (A) City shall hold harmless and indemnify the Consultant, rand their consultants, agents, principals and employees from and against all claims, damages, losses and expenses., direct and indirect, and consequential damages, resulting from the performance of services by Consultant or claims against Consultant related to hazardous waste, pollution or asbestos activities as those terms are defined in Consultant's Professional Liability policy. (B) The Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over contractor's methods of determining prices, or other competitive bidding or market conditions or safety conditions, practices or omissions on the site. Any cost estimates provided by Consultant will be made on the basis of his experience and judgment. Consultant cannot and does not guarantee that proposals, bids or actual Project construction costs will not vary from cost estimates prepared by him. (C) Consultant shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors and will not be responsible for Contractor's failure to carry out work in accordance with the Contract documents. (D) If the project involves construction of any kind, whether or not the Consultant is retained to perform construction services, the parties agree that Owner and Consultant shall be indemnified to the fullest extent permitted by law for all claims, damages, losses and expense arising out of or resulting from contractor's performance of work including injury to any worker on the job site except for the sole negligence of Consultant. Both City and Consultant shall be named as additional primary insureds by Contractor's General Liability and Builders All Risk insurance policies without offset and all Construction Documents and Insurance Certificates shall include wording acceptable to the parties herein with reference to such provisions. 13. Indemnify and Hold ~armless. Consultant shall defend, indemnify, and hold harmless, the City and its officers and employees from and against all claims, losses, damage, injury, and liability for damages arising from errors, omissions, or negligent or intentional acts of the Consultant in the performance of its services under this Agreement. Acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from liability under this indemnity and hold harmless clause. 14. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense, the following insurance coverage: Page 3