|
that the self -insured retention may be satisfied by either the named insured
<br />or City.
<br />5. Acceptability of Insurers: Insurance is to be placed with insurers
<br />authorized to conduct business in the state with a current A.M. Best's rating
<br />of no less than A:VII, unless otherwise acceptable to the City.
<br />6. Verification of Coverage: Contractor shall furnish the City with original
<br />Certificates of Insurance including all required amendatory endorsements
<br />(or copies of the applicable policy language effecting coverage requiredby
<br />this clause) and a copy of the Declarations and Endorsement Page of the
<br />CGL policy listing allpolicy endorsements to City before work begins.
<br />However, failure to obtain the required documents prior to the work
<br />beginning shall not waive Contractor's obligation to provide them.
<br />The City reserves the right to require complete, certified copies of all required
<br />insurance policies, including endorsements required by these specifications,
<br />at any time.
<br />7. Subcontractors: Contractor shall require and verify that all subcontractors
<br />maintain insurance meeting all the requirements stated herein, and
<br />Contractor shall ensure that City is an additional insured on insurance
<br />required from subcontractors.
<br />8. Special Risks or Circumstances: City reserves the right to modify these
<br />requirements, including limits, based on the nature of the risk, prior
<br />experience, insurer, coverage, or other special circumstances.
<br />INDEMNIFICATION
<br />Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
<br />damages, just compensation; restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including death, and claims for property damage, which may arise from the negligent operations
<br />of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates
<br />to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
<br />effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
<br />damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
<br />suffered, by reason of the events referred to in -this Section or by reason of the terms of, or effects, arising
<br />from this Agreement. The Contractor 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, regarding any
<br />action by a third party challenging the validity of this Agreement, or asserting that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
<br />by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
<br />with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
<br />
|