endorsement that may be necessary to affect this waiver of subrogation. The Workers'
<br />Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work
<br />performed by Contractor, its employees, agents and sub -contractors.
<br />Verification of Coverage
<br />Contractor shall furnish City with original Certificates of Insurance including all required
<br />amendatory endorsements (or copies of the applicable policy language effecting coverage required
<br />by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu
<br />of the actual endorsements required herein. Failure to obtain the required documents prior to the
<br />work beginning shall not waive Contractor's obligation to provide them. City reserves the right to
<br />require complete, certified copies of all required insurance policies, including endorsements,
<br />required by these specifications, at any time.
<br />Sub -Contractors
<br />Contractor shall require and verify that all sub -contractors maintain insurance meeting all
<br />requirements stated herein, and Contractor shall ensure that City is an additional insured on
<br />insurance required from sub -contractors. For CGL coverage, sub -contractors shall provide
<br />coverage with a form at least as broad as CG 20 38 04 13.
<br />Failure to Maintain Insurance Coverage
<br />If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to
<br />this contract, the same shall be deemed a material breach of contract. City, at its sole option, may
<br />terminate this contract at any time and obtain damages from Contractor resulting from said breach.
<br />Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits, based on the nature of the
<br />risk, prior experience, insurer, coverage, or other circumstances.
<br />8. INDEMNIFICATION
<br />Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, contractors, special counsel, and representatives from liability: (t) 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 Contractor, 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 terms 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 terns of, or effects, arising from this Agreement. The Contractor
<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 />Page 5 of 10
<br />
|