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description (including, without limitation, incidental and consequential damages, court costs, <br /> attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses incurred in <br /> connection therewith and costs of investigation) that arising from, or alleged to have arisen from, <br /> pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, reckless, or <br /> willful misconduct of the Consultant, any Subconsultant, anyone directly or indirectly employed <br /> by them, or anyone that they control (collectively "Liabilities in the performance of its services <br /> under this Agreement, regardless of whether the City has reviewed or approved the work or <br /> services which has given rise to the claim, loss, cost, damage, injury or liability for damages. <br /> This indemnification shall extend for a reasonable period of time after completion of the project <br /> as well as during the period of actual performance of services under this Agreement. The City's <br /> acceptance of the insurance certificates required under this Agreement does not relieve the <br /> Consultant from its obligation under this paragraph. To the extent that there is an obligation to <br /> indemnify under this Section 13, Consultant shall be responsible for incidental and consequential <br /> damages resulting directly or indirectly, in whole or in part, from Consultant's negligence, <br /> reckless or willful misconduct. <br /> Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply <br /> to the extent such Liabilities are caused by the sole negligence, active negligence or willful <br /> misconduct of such Indemnitee. <br /> 14. Insurance. During the term of this Agreement, Consultant shall maintain in full <br /> force and effect at its own cost and expense the following insurance coverage with insures with <br /> an A.M. Best's rating of no less than A:VII: <br /> a. General Liability and Bodily Injury Insurance. Commercial <br /> general liability insurance with limits of at least $1,000,000 combined limit for bodily <br /> injury and property damage that provides that the City, its officers, employees and agents <br /> are named additional insureds under the policy. The policy shall state in writing either on <br /> the Certificate of Insurance or attached rider that this insurance will operate as primary <br /> insurance for work performed by Consultant and its subconsultants, and that no other <br /> insurance effected by City or other named insured will be called on to cover a loss. <br /> b. Automobile Liability Insurance. Automobile liability insurance with <br /> limits not less than $1,000,000 per person/per occurrence. <br /> c. Workers' Compensation Insurance. Workers' Compensation Insurance for <br /> all of Consultant's employees, in strict compliance with State laws, including a waiver of <br /> subrogation and Employer's Liability Insurance with limits of at least $1,000,000. <br /> d. Professional Liability Insurance. Professional liability insurance in the <br /> amount of $1,000,000. <br /> e. Certificate of Insurance. Consultant shall file a certificate of insurance <br /> with the City prior to the City's execution of this Agreement, and prior to engaging in any <br /> operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in <br /> writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, <br /> 12/06 Page 4 of 6 <br />