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responsible to City/Agency for the acts and omissions of Consultant's subcontractor and <br />of the persons either directly or indirectly employed by the subcontractor, as Consultant <br />is for the acts and omissions of persons directly employed by Consultant. Nothing <br />contained in this Agreement will create any contractual relationship between any <br />subcontractor of Consultant and City/Agency. Consultant will be responsible for <br />payment of subcontractors. Consultant will bind every subcontractor and every <br />subcontractor of a subcontractor by the terms of this Agreement applicable to <br />Consultant's work unless specifically noted to the contrary in the subcontract and <br />approved in writing by City/Agency. <br />9. Other Consultants. The City/Agency reserves the right to employ other <br />consultants in connection with the Services. <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, <br />losses and expenses including attorney fees arising out of the performance of the <br />Services, caused in whole or in part by the willful misconduct or any negligent act or <br />omission of the Consultant, any subcontractor, anyone directly or indirectly employed by <br />any of them or anyone for whose acts any of them may be liable, except where caused <br />by the active negligence, sole negligence, or willful misconduct of City/Agency. <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br />expense City/Agency incurs or makes to or on behalf of an injured employee under the <br />City's/Agency's self-administered workers' compensation is included as a loss, expense <br />or cost for the purposes of this section, and that this section will survive the expiration or <br />early termination of the Agreement. <br />11. Insurance. Consultant will obtain and maintain for the duration of the Agreement <br />and any and all amendments, insurance against claims for injuries to persons or <br />damage to property which may arise out of or in connection with performance of the <br />Services by Consultant or Consultant's agents, representatives, employees or <br />subcontractors. The insurance will be obtained from an insurance carrier admitted and <br />authorized to do business in the State of California. The insurance carrier is required to <br />have a current Best's Key Rating of not less than "A-:V." <br />11.1 Coverages and Limits. Consultant will maintain the types of coverages <br />and minimum limits indicated below, unless Risk Manager or City <br />Manager/Redevelopment Manager, in consultation with the City Attorney <br />approves a lower amount. These minimum amounts of coverage will not <br />constitute any limitations or cap on Consultant's indemnification obligations under <br />this Agreement. City/Agency, its officers, agents, volunteers and employees <br />make no representation that the limits of the insurance specified to be carried by <br />Consultant pursuant to this Agreement are adequate to protect Consultant. If <br />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 />CONSULTANT AGREEMENT DOKKEN_City Bridges 3 <br />