Acceptability of Insurers
<br />Insurance is to be placed with Insurers authorized to conduct business In the state with a current
<br />A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
<br />Claims Made Policies
<br />If any of the required policies provide claims -made coverage:
<br />1. The Retroactive Date must be shown, and must be before the date of the contract or
<br />the beginning of contract work,
<br />2. Insurance must be maintained and evidence of Insurance must be provided for at
<br />least five (5) years after completion of the contract of work.
<br />3. If coverage Is canceled or non -renewed, and not replaced with another claims -made
<br />policy form with a Retroactive Date prior to the contract effective date, the Contractor
<br />must purchase "extended reporting" coverage for a minimum of five (5) years after
<br />completion of work.
<br />Verification of Coverage
<br />Contractor shall furnish the City with original certificates and amendatory endorsements or
<br />copies of the applicable policy language effecting coverage required by this clause. All
<br />certificates and endorsements are to be received and approved by the City before work
<br />commences. However, failure to obtain the required documents prior to the work beginning
<br />shall not waive the Contractor's obligation to provide them. The City reserves the right to require
<br />complete, certified copies of all required Insurance policies, including endorsements required by
<br />these specifications, at any time.
<br />Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits, based on the nature of the
<br />risk, prior experience, Insurer, coverage, or other special circumstances.
<br />INDEMNIFICATION
<br />Consultant 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
<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
<br />in this Section or by reason of the terms of, or effects, arisingfrom 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 he 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 />
|