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behalf, and shall be on forms provided by the City if requested. All certificates and
<br />endorsements must be received and approved by the City before work commences. The City
<br />reserves the right to require complete, certified copies of all required insurance policies, at any
<br />time.
<br />3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
<br />injury or damage to any person or property. In carrying out its Services, the Consultant shall at
<br />all times be in compliance with all applicable local, state and federal laws, rules and regulations,
<br />and shall exercise all necessary precautions for the safety of employees appropriate to the nature
<br />of the work and the conditions under which the work is to be performed. Safety precautions as
<br />applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
<br />equipment and procedures; (B) instructions in accident prevention for all employees and
<br />subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
<br />confined space procedures, trenching and shoring, equipment and other safety devices,
<br />equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
<br />injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
<br />measures.
<br />3.2.12 Water Quality Management and Compliance.
<br />3.2.12.1 Water Quality Management and Compliance. Consultant shall
<br />keep itself and all subcontractors, staff, and employees fully informed of and in compliance with
<br />all local, state and federal laws, rules and regulations that may impact, or be implicated by the
<br />performance of the Project or the Services including, without limitation, all applicable provisions
<br />of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne
<br />Water Quality Control Act (Cal Water Code §§ 13000-14950); the City's ordinances regulating
<br />discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any
<br />such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne
<br />Water Quality Control Act, to any ground or surface water in the State.
<br />3.2.12.2 Liability for Non-compliance. Failure to comply with the laws,
<br />regulations and policies described in paragraph 3.2.12.1 is a violation of law that may subject
<br />Consultant or City to penalties, fines, or additional regulatory requirements. Consultant hereby
<br />agrees to indemnify, hold harmless and defend (with counsel selected by the City) City, its
<br />officers, agents and employees from and against any and all fines, penalties, claims or other
<br />regulatory requirements imposed as a result of Consultant's non-compliance with the laws,
<br />regulations and policies described in paragraph 3.2.12.1, unless such non-compliance is the result
<br />of the sole established negligence, willful misconduct or active negligence of the City, its
<br />officials, officers, agents, employees or authorized volunteers.
<br />3.2.12.3 Training. In addition to the standard of care requirements set
<br />forth in paragraph 3.2.8, Consultant warrants that all employees and subcontractors shall have
<br />sufficient skill and experience to perform the Services assigned to them without impacting water
<br />quality in violation of the laws, regulations and policies described in paragraph 3.2.12.1.
<br />Consultant further warrants that it, its employees and subcontractors will receive adequate
<br />training, as determined by City, regarding the requirements of the laws, regulations and policies
<br />described in paragraph 3.2.12.1 as they may relate to the Services provided under this
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