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Contractors Pollution Liability policy shall not contain lead -based paint or asbestos
<br />exclusions. If the services involve mold identification/remediation, the Contractors
<br />Pollution Liability policy shall not contain a mold exclusion, and the definition of
<br />Pollution shall include microbial matter, including mold.
<br />E. Acceptability of Insurers - Insurance is to be placed with insurers authorized to conduct
<br />business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise
<br />acceptable to the Entity.
<br />F. Waiver of Subrogation- Contractor hereby agrees to waive rights of subrogation which
<br />any insurer of Contractor may acquire from Contractor by virtue of the payment of any
<br />loss. Contractor agrees to obtain any endorsement that may be necessary to affect this
<br />waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver
<br />of subrogation in favor of the Entity for all work performed by the Contractor, its
<br />employees, agents and subcontractors.
<br />G. Verification of Coverage- Contractor shall furnish to City with original certificates of
<br />Insurance including all required amendatory endorsements (or copies of the applicable
<br />policy language effective coverage required by this clause) and a copy of the Declarations
<br />and Endorsement Page of the CGL policy listing all policy endorsements to Entity before
<br />work begins. However, failure to obtain the required documents prior to work beginning
<br />shall not waive the Contractor's obligation to provide them. The City reserves the right to
<br />require complete, certified copies of all required insurance policies, including
<br />endorsements required by these specifications, at any time.
<br />H. Subcontractors- Contractor shall require and verify that all subcontractors maintain
<br />insurance meeting all requirements stated herein, and Contractor shall ensure that Entity is
<br />an additional insured on insurance required from subcontractors. For CGL coverage,
<br />subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
<br />I. Special Risks or Circumstances- Entity reserves the right to modify these requirements,
<br />including limits, based on the nature of the risk, prior experience, insurer, coverage, or
<br />other 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 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 Contractor, its subcontractors, agents, employees, or other persons
<br />acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
<br />from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
<br />relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
<br />hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
<br />or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
<br />this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor
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<br />Non -Fed Funding (6.1.2021)
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