|
13. Indemnity and Hold Harmless. To the fullest extent permitted by law(including,without
<br /> limitation, California Civil Code §§ 2782, 2782.6 and 2782.8), Consultant shall defend(with
<br /> legal counsel reasonably acceptable to the City), indemnify, and hold harmless,the City and its
<br /> officers, agents and employees (collectively"Indemnitees") from and against any and all claims,
<br /> loss, cost, damage, injury(including,without limitation, injury to or death of an employee of
<br /> Consultant or its Subconsultants), expense, and liability of every kind,nature and description
<br /> (including,without limitation, incidental and consequential damages, court costs, attorneys' fees,
<br /> litigation expenses and fees of expert consultants or expert witnesses incurred in connection
<br /> therewith and costs of investigation)arising from, or alleged to have arisen from,pertain to, or
<br /> relate to, directly or indirectly, in whole or in part, the negligence,reckless, or willful misconduct
<br /> of the Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone
<br /> that they control (collectively"Liabilities") in the performance of its services under this
<br /> Agreement,regardless of whether the City has reviewed or approved the work or services which
<br /> has given rise to the claim, loss, cost, damage, injury or liability for damages. This
<br /> indemnification shall extend for a reasonable period of time after completion of the project as
<br /> well as during the period of actual performance of services under this Agreement. The City's
<br /> acceptance of the insurance certificates required under this Agreement does not relieve the
<br /> Consultant from its obligation under this paragraph. To the extent that there is an obligation to
<br /> indemnify under this Section 13, Consultant shall be responsible for incidental and consequential
<br /> damages resulting directly or indirectly, in whole or in part, from Consultant's negligence,
<br /> reckless or willful misconduct. As it relates to professional liability, Consultant's liability
<br /> hereunder shall be limited by the City to the amount of available coverage under Consultant's
<br /> professional liability insurance required in Section 8b of this Agreement.
<br /> Such obligations to defend,hold harmless and indemnify any Indemnitee shall not apply to the
<br /> extent such Liabilities are caused by the sole negligence, active negligence or willful misconduct
<br /> of such Indemnitee. Obligation to defend shall be proportionate as to Consultant's percentage of
<br /> fault as provided in California Civil Code § 2782.8.
<br /> 14. Insurance. During the term of this Agreement, Consultant shall maintain in full force and
<br /> effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best's rating
<br /> of no less than ANII. Contractor shall have the obligation to furnish City,as additional insured,
<br /> the minimum coverages identified below, or such greater or broader coverage for City, if
<br /> available in the Contractor's policies:
<br /> a. General Liability and Bodily Injury Insurance. Commercial general liability
<br /> insurance with limits of at least $2,000,000 combined limit for bodily injury and property
<br /> damage that provides that the City, its officers, employees and agents are named
<br /> additional insureds under the policy. The policy shall state in writing either on the
<br /> Certificate of Insurance or attached rider that this insurance will operate as primary
<br /> insurance for work performed by Consultant and its subconsultants, and that no other
<br /> insurance effected by City or other named insured will be called on to cover a loss.
<br /> b. Automobile Liability Insurance. Automobile liability insurance with limits not less
<br /> than $2,000,000 per person/per occurrence.
<br /> Page 4 of 7
<br />
|