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1. The Retroactive Date must be shown and must be before the date of the contract or the
<br />beginning of contract work
<br />2. Insurance must be maintained and evidence of insurance must be provided for at least five
<br />(5) years after completion of the contract of work.
<br />3. 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, the Contractor must
<br />purchase "extended reporting" coverage for a minimum of five (5) years after completion
<br />of contract work.
<br />Verification of Coverage
<br />Contractor shall furnish the Entity 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) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
<br />policy endorsements to Entity before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive the Contractor's obligation to provide them.
<br />The Entity reserves the right to require complete, certified copies of all required insurance policies,
<br />including endorsements required by these specifications, at any time.
<br />Subcontractors
<br />Contractor shall require and verify that all subcontractors maintain insurance meeting all the
<br />requirements stated herein, and Contractor shall ensure that Entity is an additional insured on
<br />insurance required from subcontractors.
<br />Special Risks or Circumstances
<br />Entity reserves the right to modify these requirements, including limits, based on the nature of the
<br />risk, prior experience, insurer, coverage, or other special 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 fiom liabilityfor 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, to the
<br />proportionate extent, from the negligent operations of the Contractor, its subcontractors, ,agents,
<br />employees, or other persons acting on its behalf which relates to the services described in section
<br />1 of this Agreement This indemnity and hold harmless agreement applies to all claims for damages,
<br />just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
<br />by reason of the events referred to in this Section or by reason of the terms of, or effects, arising'
<br />from this Agreement, provided, however, that in no event shall Contractor be obligated to
<br />indemnify city for any claims to the proportionate extent caused by the active negligence or willful
<br />misconduct of City, its officers, agents, employees, consultants, special counsel, and
<br />representatives .. City may make all reasonable decisions with respect to its representation in any
<br />legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to
<br />Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil
<br />Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness,
<br />or willful misconduct of the Contractor.
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