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i. The retroactive date must be shown, and must be before the date of the contract <br />or the beginning of contract work. <br />ii. Insurance must be maintained and evidence of insurance must be provided for <br />at least five (5) years after completion of the contract of work. <br />iii. If coverage is canceled or non -renewed, and not replaced with another claims - <br />made policy form with a Retroactive Date prior to the contract effective date, <br />Consultant must purchase "extended reporting" coverage for a minimum of five <br />(5) years after completion of work. <br />(8) Verification of Coverage: Consultant shall furnish the City with original Certificates <br />of Insurance including all required amendatory endorsements (or copies of the <br />applicable policy language effecting coverage requiredby this clause) and a copy of the <br />Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements <br />to City before work begins. However, failure to obtain the required documents prior to <br />the work beginning shall not waive Consultant's obligation to provide them. <br />The City reserves the right to require complete, certified copies of all required insurance <br />policies, including endorsements required by these specifications, at anytime. <br />(9) Subcontractors: Consultant shall require and verify that all subcontractors maintain <br />insurance meeting all the requirements stated herein, and Consultant shall ensure that <br />City is an additional insured on insurance required from subcontractors. <br />(10) Special Risks or Circumstances: City reserves the right to modify these <br />requirements, including limits, based on the nature of therisk, prior experience, insurer, <br />coverage, or other special circumstances. <br />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 I 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 />decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, <br />Page 4 of 9 <br />