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City, and then only upon such terms and conditions as City may set forth in writing. Consultant
<br /> shall be solely responsible for reimbursing subconsultants.
<br /> 13. Indemnity and Hold Harmless. To the fullest extent permitted by law (including,
<br /> without limitation, California Civil Code §§ 2782, 2782.6 and 2782.8), Consultant shall,
<br /> indemnify, and hold harmless, the City and its officers, and employees (collectively
<br /> "Indemnitees") from and against all claims, loss, cost, damage, injury (including,without
<br /> limitation, injury to or death of an employee of Consultant or its Subconsultants), expense, and
<br /> liability arising from, pertain to, or relate to, directly or indirectly, in whole or in part, the
<br /> negligence, reckless, or willful misconduct of the Consultant, any Subconsultant, anyone directly
<br /> or indirectly employed by them, or anyone that they control (collectively "Liabilities") in the
<br /> performance of its services under this Agreement, regardless of whether the City has reviewed or
<br /> approved the work or services which has given rise to the claim, loss, cost, damage, injury or
<br /> liability for damages. This indemnification shall extend for a reasonable period of time after
<br /> completion of the project as well as during the period of actual performance of services under
<br /> this Agreement. The City's acceptance of the insurance certificates required under this
<br /> Agreement does not relieve the Consultant from its obligation under this paragraph.
<br /> Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply
<br /> to the extent such Liabilities are caused by the sole negligence, active negligence or willful
<br /> misconduct of such Indemnitee. Obligation to defend shall be proportionate as to Consultant's
<br /> percentage of fault as provided in California Civil Code § 2782.8.
<br /> 14. Insurance. During the term of this Agreement, Consultant shall maintain in full
<br /> force and effect, at its own cost and expense, insurance coverages with insurers with an A.M.
<br /> Best's rating of no less than ANII. Contractor shall have the obligation to furnish City, as
<br /> additional insured,the minimum coverages identified below, or such greater or broader coverage
<br /> for City, if available in the Contractor's policies:
<br /> a. General Liability and Bodily Injury Insurance. Commercial general
<br /> liability insurance with limits of at least $2,000,000 combined limit for bodily injury and
<br /> property 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
<br /> not less than $2,000,000 per person/per occurrence.
<br /> c. Workers' Compensation Insurance. Workers' Compensation Insurance for all
<br /> of Consultant's employees, in strict compliance with State laws, including a waiver of
<br /> subrogation and Employer's Liability Insurance with limits of at least$1,000,000.
<br /> d. Professional Liability Insurance. Professional liability insurance in the
<br /> amount of$2,000,000.
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