|
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 third
<br /> party claims, loss,cost,damage, injury(including,without limitation,injury to or death of an
<br /> employee of Consultant or its Subconsultants),expense,and liability of every kind,nature and
<br /> description(including,without limitation,court costs,reasonable attorneys' fees, litigation
<br /> expenses and fees of expert consultants or expert witnesses incurred in connection therewith and
<br /> costs of investigation)arising from,or alleged to have arisen from,pertain to,or relate to,
<br /> directly or indirectly, in whole or in part,the negligence, reckless,or willful misconduct of the
<br /> Consultant,any Subconsultant,anyone directly or indirectly employed by them,or anyone that
<br /> they control(collectively"Liabilities")in the performance of its services under this Agreement,
<br /> regardless of whether the City has reviewed or approved the work or services which has given
<br /> rise to the claim,loss,cost, damage,injury or liability for damages. This indemnification shall
<br /> extend for a reasonable period of time after completion of the project as well as during the period
<br /> of actual performance of services under this Agreement. The City's acceptance of the insurance
<br /> certificates required under this Agreement does not relieve the Consultant from its obligation
<br /> under this paragraph.To the extent that there is an obligation to indemnify under this Section 13,
<br /> Consultant shall not be responsible for incidental and consequential damages resulting directly or
<br /> indirectly, in whole or in part,from Consultant's negligence,reckless or willful misconduct.
<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 Bodilx Injure 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 Liabilit} Insurance. Automobile liability insurance with limits not less
<br /> than$2,000,000 per person/per occurrence.
<br /> c. Workers'Compensation Insurance. Workers'Compensation Insurance for all of
<br /> Consultant's employees,in strict compliance with State laws, including a waiver of subrogation
<br /> and Employer's Liability Insurance with limits of at least$1,000,000.
<br /> Page 4 of 7
<br />
|