Laserfiche WebLink
Consultant will be responsible for payment of subcontractors. Consultant wiil <br /> subcontractor and every subcontractor of a subcontractor by the terms of this <br /> Agreement applicable to Consultant's work unless specifically noted to the <br /> the subcontract and approved in writing by City. <br /> 9. Other Consultants. City reserves the right to employ other consultants in <br /> connection with the Services. <br /> 10. Indemnification. Consultant will defend, indemnify and hold harmless City <br /> and its officers, agents, employees and volunteers from and against all claims, <br /> damages, losses and expenses including attorney fees arising out of the <br /> performance of the Services, caused in whole or in part by the willful misconduct <br /> or any negligent act or omission of the Consultant, any subcontractor, anyone <br /> directly or indirectly employed by any of them or anyone for whose acts any of <br /> them may be liable, except where caused by the active negligence, sole <br /> negligence, or willful misconduct of City. <br /> The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br /> expense City incurs or makes to or on behalf of an injured employee under the <br /> City's self-administered workers' compensation is included as a loss, expense or <br /> cost for the purposes of this section. <br /> The parties expressly agree that this section shall survive the expiration or early <br /> termination of the Agreement. <br /> 11. Insurance. Consultant shall obtain and maintain for the duration of the <br /> Agreement and any and all amendments, insurance against claims for injuries to <br /> persons or damage to property which may arise out of or in connection with <br /> performance of the Services by Consultant or Consultant's agents, <br /> representatives, employees or subcontractors. The insurance will be obtained <br /> 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 <br /> of not less than "A-:V." <br /> 11.1 Coveraqes and Limits. Consultant, at its sole expense, shall <br /> maintain the types of coverages and minimum limits indicated below, <br /> unless the Risk Manager or City Manager, in consultation with the City <br /> Attorney, approves a lower amount. These minimum amounts of coverage <br /> will not constitute any limitations or cap on Consultant's indemnification <br /> obligations under this Agreement. City, its officers, agents, volunteers and <br /> employees make no representation that the limits of the insurance <br /> specified to be carried by Consultant pursuant to this Agreement are <br /> adequate to protect Consultant. If Consultant believes that any required <br /> insurance coverage is inadequate, Consultant will obtain such additional <br /> insurance coverage, as Consultant deems adequate, at Consultant's sole <br /> expense. <br /> 11.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined <br /> single-limit per occurrence for bodily injury, personal injury and <br /> ATTY/AGR/139/1306 MAIN STREET PHASE II ENVIRONMENTAL SITE ASSESSMENT <br /> REV:09-07-12 VR <br /> Page 3 of 13 <br />