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13. Indemnity and Hold Harmless. To the fullest extent permitted by law(including,
<br /> without limitation, California Civil Code §§ 2782, 2782.6 and 2782.8), Consultant shall defend
<br /> (with legal counsel reasonably acceptable to the City), indemnify, and hold harmless, the City
<br /> and its officers, agents and employees (collectively "Indemnitees") from and against any and all
<br /> claims, loss, cost, damage, injury (including, without limitation, injury to or death of an
<br /> employee of Consultant or its Subconsultants), expense, and liability of every kind, nature and
<br /> description (including, without limitation, consequential damages, court costs, attorneys' fees,
<br /> litigation expenses and fees of expert consultants or expert witnesses incurred in connection
<br /> therewith and costs of investigation) arising from, or alleged to have arisen from, pertain to, or
<br /> relate to, directly or indirectly, in whole or in part, the negligence, reckless, or willful misconduct
<br /> of the Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone
<br /> that they control (collectively "Liabilities") in the performance of its services under this
<br /> Agreement, regardless of whether the City has reviewed or approved the work or services which
<br /> has given rise to the claim, loss, cost, damage, injury or liability for damages. This
<br /> indemnification shall extend for a reasonable period of time after completion of the project as
<br /> 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 consequential damages
<br /> resulting directly or indirectly, in whole or in part, from Consultant's negligence, reckless or
<br /> 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. Obligation to defend shall be proportionate as to Consultant's
<br /> percentage of fault as provided in California Civil Code § 2782.8.
<br /> Consultant shall not be responsible for warranties, guarantees, or implied warranties of
<br /> fitness for a particular purpose of any third party materials or products recommended by
<br /> Consultant.
<br /> Additionally, Consultant shall not be responsible for acts and decisions of third parties,
<br /> including governmental agencies, other than Consultant's subconsultants, that impact project
<br /> completion and/or success.
<br /> 14. Insurance. During the term of this Agreement, Consultant shall maintain in full
<br /> force and effect, at its own cost and expense, insurance coverages with insurers with an A.M.
<br /> Best's rating of no less than A:VII. Contractor shall have the obligation to furnish City, as
<br /> additional insured, the minimum coverages identified below, or such greater or broader coverage
<br /> for City, if available in the Contractor's policies:
<br /> a. General Liability and Bodily Injury Insurance. Commercial general
<br /> liability insurance with limits of at least $2,000,000 combined limit for bodily injury and
<br /> property damage that provides that the City, its officers, employees and agents are named
<br /> additional insureds under the policy. The policy shall state in writing either on the
<br /> 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.
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