Verification of Coverage. Permittee shall famish City with original Certificates of Insurance
<br />including all required amendatory endorsements (or copies of the applicable policy language
<br />effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page
<br />of the CGL policy listing all policy endorsements to City before work begins. However, failure to
<br />obtain the required documents prior to the work beginning shall not waive Permittee's obligation
<br />to provide them. City reserves the right to require complete, certified copies of all required
<br />insurance policies, including endorsements required by these specifications, at any time.
<br />Claims Made Policies. If any of the required policies provide coverage on a claims -made
<br />basis:
<br />• The retroactive date must be shown and must be before the date of the contract or the
<br />beginning of work.
<br />• Insurance must be maintained and evidence of insurance must be provided for at least three
<br />(3) years after completion of work.
<br />• If coverage is canceled or non -renewed, and not replaced with another claims -made policy
<br />form with a retroactive date prior to the contract effective date, Company must purchase
<br />"extended reporting" coverage for a minimum of three (3) years after completion of work.
<br />Subcontractors. Consultant shall require and verify that all sub -contractors maintain insurance
<br />meeting all the requirements stated herein, and Consultant shall ensure that City is an additional
<br />insured on insurance required from sub -contractors.
<br />Special Risks or Circumstances. City reserves the right to modify these requirements, including
<br />limits, based on the nature of the risk, prior experience, insurer, coverage, or other special
<br />circumstances.
<br />6. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
<br />personal injury, including death, and claims for property damage, which may arise from the
<br />negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
<br />acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
<br />from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
<br />relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and
<br />hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
<br />or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
<br />this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
<br />further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
<br />fees and costs for special counsel to be selected by the City, regarding any action by a third party
<br />challenging the validity of this Agreement, or asserting that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by
<br />reason of the terms of, or effects arising from this Agreement. City may make all reasonable
<br />decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
<br />to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
<br />Page 4 of 9
<br />
|