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<br />subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work <br />unless specifically noted to the contrary in the subcontract and approved in writing by <br />City/Agency. <br /> <br />9. Other Consultants. The City/Agency reserves the right to employ other consultants in <br />connection with the Services. <br /> <br />10. Indemnification. Consultant will indemnify and hold harmless City/Agency 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, any <br />subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts <br />any of them may be liable, except where caused by the active negligence, sole negligence, or <br />willful misconduct of City/Agency. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense <br />City/Agency incurs or makes to or on behalf of an injured employee under the City's/Agency's <br />self-administered workers' compensation is included as a loss, expense or cost for the purposes <br />of this section, and that this section will survive the expiration or early termination of the <br />Agreement. <br /> <br />11. Insurance. Consultant will 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 will be <br />obtained from an insurance carrier admitted and authorized to do business in the State of <br />California. The insurance carrier is required to have a current Best's Key Rating of not less than <br />"A-:V." <br /> <br />11.1 CoveraQes and Limits. Consultant will maintain the types of coverages and <br />minimum limits indicated below, unless Risk Manager or City Manager/Redevelopment <br />Manager, in consultation with the City Attorney approves a lower amount. These <br />minimum amounts of coverage will not constitute any limitations or cap on Consultant's <br />indemnification obligations under this Agreement. City/Agency, its officers, agents, <br />volunteers and employees make no representation that the limits of the insurance <br />specified to be carried by Consultant pursuant to this Agreement are adequate to protect <br />Consultant. If Consultant believes that any required insurance coverage is inadequate, <br />Consultant will obtain such additional insurance coverage, as Consultant deems <br />adequate, at Consultant's sole expense. <br /> <br />11.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single- <br />limit per occurrence for bodily injury, personal injury and property damage. If the <br />submitted policies contain aggregate limits, general aggregate limits will apply <br />separately to the work under this Agreement or the general aggregate will be <br />twice the required per occurrence limit. <br /> <br />11.1.2 Automobile Liabilitv. $1,000,000 combined single-limit per accident for <br />bodily injury and property damage. <br /> <br />Agreement over $10K <br />City Attorney Approved Version 111803 <br /> <br />3 <br /> <br />s/library/agreements/ConsultanUConsultant_KitchelLPreconstruction Services - RWS Community Library <br />