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harmless, the City and its officers, agents and employees (collectively "Indemnitees") from and
<br />against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or
<br />death 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 witnesses
<br />incurred in connection therewith and costs of investigation) 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.
<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. 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
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