|
ii. Insurance must be maintained and evidence of insurance provided for
<br />at least five (5) years after completion of work under this agreement;
<br />iii. If coverage is canceled or non -renewed, and not replaced with another
<br />claims -made policy form with a Retroactive Date prior to the
<br />agreement effective date, the Consultant must purchase "extended
<br />reporting" coverage for a minimum of five (5) years after completion
<br />of agreement work.
<br />8) Verification of Coverage- Consultant shall furnish to City with original
<br />certificates of Insurance including all required amendatory endorsements (or
<br />copies of the applicable policy language effective coverage required by this
<br />clause) and a copy of the Declarations and Endorsement Page of the CGL
<br />policy listing all policy endorsements to Entity before work begins. However,
<br />failure to obtain the required documents prior to work beginning shall not
<br />waive the Consultant's obligation to provide them. The City reserves the right
<br />to require complete, certified copies of all required insurance policies,
<br />including endorsements required by these specifications, at any time.
<br />9) Subcontractors- Consultant shall require and verify that all subcontractors
<br />maintain insurance meeting all of the requirements stated herein. Contractor
<br />shall ensure that City is an additional insured on insurance required from
<br />subcontractors.
<br />10) Special Risks or Circumstances- City reserves the right to modify these
<br />requirements, including limits, based upon the nature of the risk, prior
<br />experience, insurer, coverage or other special circumstances.
<br />8. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, consultants, 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 or its subcontractors, agents, employees, or other persons
<br />acting on their behalf which relates to the services described in section 1 of this Agreement; and
<br />(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief is due by reason of the terms of or effects arising from this Agreement. This
<br />indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br />restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
<br />events referred to in this Section or by reason of the terms of, or effects, arising from this
<br />Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
<br />defense of the City, including fees and costs for special counsel to be selected by the City,
<br />regarding any action by a third party challenging the validity of this Agreement, or asserting that
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
<br />or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br />may make all reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code
<br />Page 5 of 10
<br />
|