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<br />to require complete, certified copies of all required insurance policies, including endorsements required
<br />by these specifications, at any time.
<br />Waiver of Subrogation
<br />Contractor hereby grants to City a waiver of subrogation which any insurer may acquire against City, its
<br />officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss.
<br />Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation
<br />but this provision applies regardless of whether or not the City has received a waiver of subrogation
<br />endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of
<br />subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and
<br />subcontractors.
<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 City is an additional insured on insurance
<br />required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format
<br />least as broad as CG 20 38 04 13.
<br />Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits, based on the nature of the risk,
<br />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, 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 or its subcontractors, agents, employees, or other persons acting on their behalf which
<br />relates to the services described in section 1 of this Agreement; and (2) from any claim that personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms
<br />of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all
<br />claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
<br />been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects,
<br />arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs
<br />for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding
<br />any 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 />Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
<br />the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the
<br />negligence, recklessness, or willful misconduct of the Contractor.
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