iii. If coverage is canceled or non -renewed, and not replaced
<br />with another claims -made policy form with a Retroactive
<br />Date prior to the contract effective date, the Consultant must
<br />purchase "extended reporting" coverage for a minimum of
<br />five (S) years after completion of work.
<br />8. Verification of Coverage: Consultant shall furnish the City with
<br />original Certificates of Insurance including all required amendatory
<br />endorsements (or copies of the applicable policy language effecting
<br />coverage requiredby this clause) and a copy of the Declarations and
<br />Endorsement Page of the CGL policy listing allpolicy endorsements
<br />to City before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive the
<br />Consultant's obligation to provide them.
<br />The City reserves the right to require complete, certified copies of all
<br />required insurance policies, including endorsements required by
<br />these specifications, at any time.
<br />9. Subcontractors: Consultant shall require and verify that all
<br />subcontractors maintain insurance meeting all the requirements
<br />stated herein, and Consultant shall ensure that City is an additional
<br />insured on insurance required from subcontractors.
<br />10. Special Risks or Circumstances: City reserves the right to modify
<br />these requirements, including limits, based on the nature of therisk,
<br />prior experience, insurer, coverage, or other special circumstances.
<br />8. INDEMNIFICATION
<br />Consultant 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 Consultant, 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 Consultant
<br />further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
<br />fees and costs for special counsel to be selected by the City, regarding any action by a third party
<br />challenging the validity of this Agreement, or asserting that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by
<br />reason of the terms of, or effects arising from this Agreement. City may make all reasonable
<br />Page 5 of 10
<br />Non -Fed Funding (6. L2020)
<br />
|