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Redwooc B.A. - Page 33 <br /> El Camino Real Corridor Plan <br /> Agreement applicable to Consultant's work unless specifically noted to the contrary in the <br /> subcontract and approved in writing by City. <br /> 9. Other Consultants. City reserves the right to employ other consultants in connection with <br /> the Services. <br /> 10. Indemnification. Consultant will defend, indemnify and hold harmless City and its officers, <br /> agents, employees and volunteers from and against all claims, damages, losses and expenses <br /> including attorney fees arising out of the performance of the Services, caused in whole or in part <br /> by the willful misconduct or any negligent act or omission of the Consultant, any subcontractor, <br /> anyone directly or indirectly employed by any of them or anyone for whose acts any of them may <br /> be liable, except where caused by the sole negligence or willful misconduct of City. <br /> The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City <br /> incurs or makes to or on behalf of an injured employee under the City's self-administered workers' <br /> compensation is included as a loss, expense or cost for the purposes of this section. <br /> The parties expressly agree that this section shall survive the expiration or early termination of <br /> the Agreement. <br /> 11. Insurance. Consultant shall obtain and maintain for the duration of the Agreement and <br /> any and all amendments, insurance against claims for injuries to persons or damage to property <br /> which may arise out of or in connection with performance of the Services by Consultant or <br /> Consultant's agents, representatives, employees or subcontractors. The insurance carrier is <br /> required to maintain an A.M. Best rating of not less than "A-:VII". <br /> 11.1 Coverages and Limits. Consultant, at its sole expense, shall maintain the types of <br /> coverages and minimum limits indicated below, unless otherwise approved by City in <br /> writing. These minimum amounts of coverage will not constitute any limitations or cap on <br /> Consultant's indemnification obligations under this Agreement. <br /> 11.1.1 Commercial General Liability Insurance. Consultant shall maintain <br /> occurrence based coverage with limits not less than $1,000,000 per occurrence. If <br /> the submitted policies contain aggregate limits, such limits will apply separately to <br /> the Services, project, or location that is the subject of this Agreement or the <br /> aggregate will be twice the required per occurrence limit. The Commercial General <br /> Liability insurance policy shall be endorsed to name the City, its officers, agents, <br /> employees and volunteers as additional insureds, and to state that the insurance <br /> will be primary and not contribute with any insurance or self-insurance maintained <br /> by the City. <br /> 11.1.2 Business Automobile Liability Insurance. Consultant shall maintain <br /> coverage with limits not less than $1,000,000 per each accident for owned, hired <br /> and non-owned automobiles. <br /> 11.1.3 Workers' Compensation Insurance. Consultant shall maintain coverage as <br /> required by the California Labor Code. The Workers' Compensation policy shall <br /> contain an endorsement stating that the insurer waives any right to subrogation <br /> against the City, its officers, agents, employees and volunteers. <br /> 11.1.4 Employer's Liability Insurance. Consultant shall maintain coverage with <br /> limits not less than $1,000,000 per each accident for bodily injury or disease. <br /> 9 <br />