| 1. Tlie  Retroactive  Date  i'nust  be shown  and  must  be before  the  date  of  tlie  contract
<br />or  tlie  beginning  of  contract  work.
<br />2. Insurance must be maintained and evidence of insurance must be provided for
<br />at least five  (5) years afler completion of  the cotxtract of  work.
<br />3. If  coverage  is canceled  or  non-renewed, and  not  replaced  witli  anotlier  claims-
<br />made policy  form  with a Retroactive Date prior to the contract effective date,
<br />tlie  Consultant  must  purcliase  "extended  reporting" coverage  for  a i'nininuun  of
<br />five  (5) years after completion of contract work.
<br />Verificatiozx of  Coverage
<br />Consultant  sliall  fumish  tlie  City  with  original  Certificates  of  Insurance  including  all
<br />required  amendatory  endorsements  (or copies  of  the  applicable  policy  language
<br />effecting  coverage  required  by this  clause) and a copy  of  tlie  Declarations  and
<br />Endorsement  Page  of  the  CGL  policy  listing  all policy  endorsements  to City  before
<br />work  begins. However, failure  to obtain  the required  documents  prior  to tlie  work
<br />begii'ining  sliall  not  waive  tlie  Consultant's  obligation  to  provide  them.Tlie  City  reserves
<br />the  riglit  to require  coi'nplete, certified  copies  of  all  required  insurance  policies,including
<br />endorsements  required  by  tliese  specifications, at aiy  time.
<br />Subcontractors
<br />Consultant  shall  require  and  verify  tliat  all  subcontractors  maintain  insurance  meeting
<br />all  tlie  requirements  stated  lierein, and  Contractor  shall  ensure  tliat  City  is an additional
<br />insured  on insurance  required  from  subcontractors.
<br />Specicd  Risks  or  Circumstances
<br />City  reserves  tlie  right  to n'iodify  these  requirements, including  liinits, based  on tlie
<br />nature  of  tlierisk, prior  experience, insurer, coverage, or  other  special  circumstances.
<br />6.INDEMNIFICATION
<br />Consultant  agrees  to  defend, and  sliall  indemnify  and  liold  liarmless  the  City, its officers,
<br />agents, employees, contractors, special  counsel, and  representatives  from  liability: (l) for  personal
<br />injury, damages, just  coi'npensation, restitution, judicial  or  equitable  relief  arising  out  of  claims  for
<br />personal  injury, including  deatli, and  claims  for  property  damage, whicl'i  may  arise  froin  tlie
<br />negligent  operations  of  tlie  Consultai'it, its subcontractors, agents, einployees, or otlier  persons
<br />acting  oi'i  its belialf  wliicli  relates  to  tlie  services  described  in section  l of  tliis  Agreemei'it; and  (2)
<br />from  any  claim  t)iat  personal  injury, dainages, just  compensation, restitution, judicial  or equitable
<br />relief  is due  by  reason  of  the  terms  of  or  effects  arising  from  tliis  Agreement. T)iis  indemnity  and
<br />liold  liarinless  agreement  applies  to  all  claims  for  damages, just  compensation, restitutioi'i, judicial
<br />or  equitable  relief  suffered, or  alleged  to  have  been  suffered, by  reason  of  the  events  referred  to in
<br />tliis  Section  or  by  reason  of  tlie  terms  of, or  effects, arising  from  this  Agreement. Tlie  Consultant
<br />fuitlier  agrees  to  indemnify, hold  liari'nless, and  pay  all  costs  for  tlie  defense  of  tlie  City, including
<br />fees  and costs  for  special  corinsel  to  be selected  by  the  City, regarding  any  action  by  a tliird  party
<br />cliallenging  tlie  validity  of  tliis  Agreement, or asseiting  that  personal  injury, damages, just
<br />coinpensation, restitution, judicial  or equitable  relief  due  to personal  or  propeity  rig!its  arises  by
<br />reason  of  tlie  terins  of, or  effects  arising  from  this  Agreement. City  i'nay  make  all reasonable
<br />decisions  witli  respect  to  its  representation  in  any  legal  proceeding. Notwithstanding  tl'ie  foregoing,
<br />to tlie  extent  Consultant's  services  are  subject  to Civil  Code  Section  2782.8, the  above  indemnity
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