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City, and then only upon such terms and conditions as City may set forth in writing. Consultant
<br /> shall be solely responsible for reimbursing subconsultants.
<br /> 13. Indemnity and Hold 1-1armless. 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, 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) to the extent arising from,or alleged to have
<br /> arisen from,pertain to,or relate to,directly or indirectly, in whole or in part,the negligence,
<br /> reckless,or willful misconduct of the Consultant, any Subconsultant,anyone directly or
<br /> indirectly employed by them,or anyone that they control (collectively"Liabilities")in the
<br /> performance of its services under this Agreement,regardless of whether the City has reviewed or
<br /> approved the work or services which has given rise to the claim, loss,cost,damage,injury or
<br /> liability for damages. This indemnification shall extend for a reasonable period of time after
<br /> completion of the project as well as during the period of actual performance of services under
<br /> this Agreement. The City's acceptance of the insurance certificates required under this
<br /> Agreement does not relieve the Consultant from its obligation under this paragraph. To the
<br /> extent that there is an obligation to indemnify under this Section 13,Consultant shall be
<br /> responsible for incidental and consequential damages resulting directly or indirectly,in whole or
<br /> in part,from Consultant's negligence,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. Obligation to defend shall be proportionate as to Consultant's
<br /> percentage of fault as provided in California Civil Code § 2782.8.
<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.
<br /> b. Automobile Liability Insurance. Automobile liability insurance with limits
<br /> not less than$2,000,000 per person/per occurrence.
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