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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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