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<br /> <br />Page 4 of 7 <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 14d of this Agreement. <br /> <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 /> <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 A:VII. 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 /> <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 /> <br /> b. Automobile Liability Insurance. Automobile liability insurance with limits not less <br />than $2,000,000 per person/per occurrence. <br /> <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 /> <br /> d. Professional Liability Insurance. Professional liability insurance in the amount of <br />$2,000,000. <br /> <br /> e. Certificate of Insurance. Consultant shall file a certificate of insurance with the City <br />prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity <br />set forth in this Agreement. The Certificate of Insurance shall provide in writing that the <br />insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in <br />coverage or in limits without providing notice to the City in accordance with California <br />Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the <br />DocuSign Envelope ID: 9D598DAC-5F24-41FA-B827-97D013A47ECADocuSign Envelope ID: CEB20404-63F8-4DC5-AE6A-C5FC89DB6F87