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Self -Insured Retentions
<br />Self -insured retentions must be declared to and approved by the City. City may require Contractor to purchase
<br />coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim
<br />administration, and defense expenses within the retention.
<br />Acceptability of Insurers
<br />Insurance is to be placed with insurers authorized to conduct business in the state of California with a current
<br />A.M. Best rating of no less than ANII, unless otherwise acceptable to City.
<br />Verification of Coverage
<br />Permittee shall furnish City with original Certificates of Insurance including all required amendatory
<br />endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a
<br />copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity
<br />before work begins. However, failure to obtain the required documents prior to the work beginning shall not
<br />waive Permittee's obligation to provide them. City reserves the right to require complete, certified copies of
<br />all required insurance policies, including endorsements required by these specifications, at any time.
<br />Claims Made Policies
<br />If any of the required policies provide coverage on a claims -made basis:
<br />1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
<br />2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after
<br />completion of work.
<br />3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a
<br />retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage
<br />for a minimum of three (3) years after completion of work.
<br />Subcontractors
<br />Contractor shall require and verify that all sub -contractors maintain insurance meeting all the
<br />requirements stated herein, and Contractor shall ensure that City is an additional insured on
<br />insurance required from sub -contractors.
<br />Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior
<br />experience, insurer, coverage, or other special circumstances.
<br />8. INDEMNIFICATION
<br />Contractor 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 personal
<br />injury, including death, and claims for property damage, which may arise from the negligent operations
<br />of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates
<br />to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
<br />effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
<br />damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
<br />suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
<br />from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
<br />City Council 5-8 6/18/2024
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