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<br />13. Indemnitv and Hold Harmless. To the fullest extent permitted by law
<br />(including, without limitation, California Civil Code SS 2782 and 2782.6), Consultant shall
<br />defend (with legal counsel reasonably acceptable to the City), indemnify, and hold harmless,
<br />the City and its officers, agents and employees (collectively "Indemnitees") from and against
<br />any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death
<br />of an employee of Consultant or its Subconsultants), expense, and liability of every kind,
<br />nature and description (including, without limitation, incidental and consequential damages,
<br />court costs, attorneys' fees, litigation expenses and fees of expert consultants or expert
<br />witnesses incurred in connection therewith and costs of investigation) that arising from, or
<br />alleged to have arisen from, pertain to, or relate to, directly or indirectly, in whole or in part,
<br />the negligence, reckless, or willful misconduct of the Consultant, any Subconsultant, anyone
<br />directly or indirectly employed by them, or anyone that they control (collectively
<br />"Liabilities") in the performance of its services under this Agreement, regardless of whether
<br />the City has reviewed or approved the work or services which has given rise to the claim, loss,
<br />cost, damage, injury or liability for damages. This indemnification shall extend for a
<br />reasonable period of time after completion of the project as well as during the period of actual
<br />performance of services under this Agreement. The City's acceptance of the insurance
<br />certificates required under this Agreement does not relieve the Consultant from its obligation
<br />under this paragraph. To the extent that there is an obligation to indemnify under this Section
<br />13, Consultant shall be responsible for incidental and consequential damages resulting
<br />directly or indirectly, in whole or in part, from Consultant's negligence, reckless or willful
<br />misconduct.
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<br />Such obligations to defend, hold harmless and indemnify any Indemnitee shall not
<br />apply to the extent such Liabilities are caused by the sole negligence, active negligence or
<br />willful misconduct of such Indemnitee.
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<br />14. Insurance. During the term of this Agreement, Consultant shall maintain in
<br />full force and effect at its own cost and expense the following insurance coverage with insures
<br />with an A.M. Best's rating of no less than A:VII:
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<br />a. General Liabilitv and Bodilv Iniurv 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
<br />agents are named additional insureds under the policy. The policy shall state in writing
<br />either on the Certificate of Insurance or attached rider that this insurance will operate
<br />as primary insurance for work performed by Consultant and its subconsultants, and
<br />that no other insurance effected by City or other named insured will be called on to
<br />cover a loss.
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<br />b. Automobile Liabilitv Insurance. Automobile liability insurance with
<br />limits not less than $1,000,000 per person/per occurrence.
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<br />c. Workers' Compensation Insurance. Workers' Compensation Insurance
<br />for 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.
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