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subcontractor's work is satisfactorily completed . Federal law (49 CFR 26.29) requires <br /> that any delay or postponement of payment over the 30 days may take place only for <br /> good cause and with the City's prior written approval. Any violation of this provision <br /> shall subject the violating prime consultant or subcontractor to the penalties, sanctions <br /> and other remedies specified in Section 7108.5 of the Business and Professions Code. <br /> These requirements shall not be construed to limit or impair any contractual, <br /> administrative, or judicial remedies, otherwise available to the prime consultant or <br /> subcontractor in the event of a dispute involving late payment or nonpayment by the <br /> prime consultant, deficient subcontractor performance, or noncompliance by a <br /> subcontractor. This provision applies to both DBE and non-DBE prime consultant and <br /> subcontractors <br /> 10 . Other Consultants. City reserves the right to employ other consultants in connection <br /> with the Services. <br /> 11 . Indemnification . Consultant will defend, indemnify and hold harmless City and its <br /> officers, agents, employees and volunteers from and against all claims, damages, losses and <br /> expenses including attorney fees arising out of the performance of the Services, caused in <br /> whole or in part by the willful misconduct or any negligent act or omission of the Consultant, <br /> any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose <br /> acts any of them may be liable, except where caused by the sole negligence or willful <br /> 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 <br /> workers' compensation is included as a loss, expense or cost for the purposes of this Section <br /> 11 . <br /> The parties expressly agree that this Section 11 shall survive the expiration or early <br /> termination of the Agreement. <br /> 12. 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 <br /> property which may arise out of or in connection with performance of the Services by <br /> Consultant or Consultants agents, representatives, employees or subcontractors. The <br /> insurance carrier is required to maintain an A.M . Best rating of not less than "A-:VII". <br /> 12. 1 Coverages and Limits. Consultant, at its sole expense, shall maintain the types <br /> of 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 <br /> on Consultant's indemnification obligations under this Agreement. <br /> 12. 1 . 1 Commercial General Liability Insurance. Consultant shall maintain <br /> occurrence based coverage with limits not less than $1 ,000,000 per occurrence <br /> including products and completed operations, property damage, bodily injury, <br /> and personal and advertising injury. If the submitted policies contain aggregate <br /> limits, such limits will apply separately to the Services, project, or location that is <br /> the subject of this Agreement or the aggregate will be twice the required per <br /> occurrence limit. The Commercial General Liability insurance policy shall be <br /> endorsed to name the City, its officers, agents, employees and volunteers as <br /> ATTY/AGR/2016.053/CDM SMITH <br /> REV: 03-22-16 JS <br /> Page 4 of 18 <br />