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Reimbursable Costs: Other costs incurred in the performance of services for the project shall be reimbursed to
<br />PM at cost and shall include, but not be limited to, the following:
<br />A. Reimbursable travel and living expenses when traveling outside the Orange County area in connection
<br />with the Project. Automobile transportation shall be reimbursable at $0.32 per mile.
<br />B. Non local communication and postage charges.
<br />C. Reproduction costs.
<br />VI. PAYMENT: PM shall be paid on a monthly basis within thirty (30) days of receipt of statement as the work
<br />progresses to completion to the establishment, delivery, and acceptance by the City of the agreed upon GMP for the
<br />Project.
<br />VII. LICENSES: PM, its employees, agents, contractors and subcontractors shall maintain professional licenses
<br />required by the laws of the State of California at all times while performing services under the Agreement.
<br />VIII. WORKER'S COMPENSATION INSURANCE: PM certifies that it is aware of the laws of the State of California
<br />requiring employees to be insured against liability for Worker's Compensation and shall comply with such laws during
<br />the term of this Agreement.
<br />IX. INDEMNITYAND HOLD HARMLESS: PM agrees to and shall indemnify and hold the City, its officers,
<br />employees and agents free and harmless from all claims, actions, damages and liabilities of whatsoever kind and nature
<br />arising from death, personal injury, or property damage based upon any negligent act or omission of PM, its employees,
<br />agents, invitees or any subcontractor of relating to or in any way connected with the accomplishment of the work or
<br />performance of service under this Agreement, regardless of the existence or degree of fault or negligence on the part of
<br />the City or any officer or employees of the City other than the sole, active negligence of City, its officers, employees, or
<br />agents. As.part hereto of the foregoing indemnity, PM agrees to protect and to defend at its own expense, including
<br />attorney's fees, the City, its officers and agents and employees from any and all legal action based upon fraud, negligent
<br />acts or known omissions, as stated hereinabove.
<br />X. PROFESSIONAL INSURANCE; PM shall obtain the agreement of each architect and engineering firm
<br />providing services to PM hereunder to maintain in force and effect at all times during the performance of this
<br />Agreement, Professional Liability Insurance (Errors and Omissions coverage), Commercial General Liability Insurance,
<br />and Business Automobile Liability Insurance, each in the amount of not less than $1,000,000 per occurrence and
<br />$2,000,000. aggregate.
<br />(1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of
<br />California unless waived, in writing, by the Risk Manager of the City of Santa Ana, and such carrier(s)
<br />shall have an A.M. BEST rating of no less than an A:VIII. In addition, any deductibles or self -insured
<br />retentions must be declared by such carriers and such deductibles and retentions shall have the prior
<br />consent, in writing, from the Risk Manager and, at the election of the Risk Manager, such carriers shall
<br />be notified in writing and shall either: (1) reduce or eliminate such deductibles or self -insured retentions
<br />relating to the City, its officers, employees or agents, or (2) procure a bond which guarantees payment
<br />of losses and related investigations, elaim(s) administration and defense expenses and costs. If no
<br />written notice is received from the Risk Manager within ten days of the acceptance of Agreement then
<br />such deductibles or self -insured retentions shall be deemed acceptable.
<br />(2) PM shall require each such architect and engineering firm to cause its insurance carrier(s) to furnish the
<br />Clerk of the Council of the City with either (1) properly executed original Certificates of Insurance and
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