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_ _. i . ..�. � _.� <br /> responsible to City for the acts and omissions of Consultant's subcontractor and of the <br /> persons either directly or indirectly employed by the subcontractor, as Consultant is for <br /> the acts and omissions of persons directly employed by Consultant. Nothing contained <br /> in this Agreement will create any contractual relationship between any subcontractor of <br /> Consultanf and City. Consultant will be responsible for payment of subcontractors. <br /> Consultant will bind every subcontractor and every subcontractor of a subcontractor by <br /> the terms of this Agreement applicable to Consultant's work unless specifically noted to <br /> the contrary in 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 defiend, indemnify and hold harmless City 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 sole 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 City's <br /> self-administered workers' compensation is included as a loss, expense or cost for the <br /> 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 ConsultanYs agents, representatives, <br /> employees or subcontractors. The insurance will be obtained from an insurance carrier <br /> admitted and authorized to do business in the State of California. The insurance carrier <br /> is required to have a current Best's Key Rating of not less than "A-:V." <br /> 11.1 Coveraqes and Limits. Consultant, at its sole expense, shall maintain the <br /> types of coverages and minimum limits indicated below, unless the Risk Manager <br /> or City Manager, in consultation with the City Attorney, approves a lower amount. <br /> These minimum amounts of coverage will not constitute any limitations or cap on <br /> Consultant's indemnification obligations under this Agreement. City, its officers, <br /> agents, volunteers and employees make no representation that the limits of the <br /> insurance 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 /> REV:08-13-13 VR <br /> Page 3 of 18 <br /> aTTYlAGR2013,0119lESA/Draft Baseline Study Reports <br />