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<br />11. Non-Assil!nability. The Consultant shall not assign, sublet, or transfer this <br />Agreement or any interest or obligation in the Agreement without the prior written consent of the <br />City, and then only upon such terms and conditions as City may set forth in writing. Consultant <br />shall be solely responsible for reimbursing subcontractors. <br /> <br />12. Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold <br />harmless, the City and its officers, agents and employees from and against all claims, losses, <br />damage, injury, and liability for damages arising from, or alleged to have arisen from, errors, <br />omissions, negligent or wrongful acts of the Consultant in the performance of its services under <br />this Agreement, regardless of whether the City has reviewed or approved the work or services <br />which has given rise to the claim, loss, 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. <br /> <br />13 Insurance. During the term of this Agreement, Consultant shall maintain in full <br />force and effect at its own cost and expense the following insurance coverage with insures with <br />an A.M. Best's rating of no less than A:VII: <br /> <br />a. General Liability and Bodilv Iniurv Insurance. Commercial <br />general liability insurance with limits of at least $1,000,000 combined limit for bodily <br />injury and property damage that provides that the City, its officers, employees and agents <br />are named additional insureds under the policy. The policy shall state in writing either on <br />the 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 <br />limits not less than $1,000,000 per person/per occurrence. <br /> <br />c. Workers' Comoensation Insurance. Workers' Compensation Insurance for <br />all 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 /> <br />If services are for legal, medical, architectural, engineering, surveying or <br />geotechnical work, check this box, and Consultant must provide: <br /> <br />d. Professional Liability Insurance. Professional liability insurance <br />in the amount of $1,000,000. <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 that will not satisfY the levels required under this Agreement without <br /> <br />04/05 <br /> <br />Page 3 of8 <br />