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• The Retroactive Date must be shown, and must be before the date of the contract or
<br />thebeginning of contract work.
<br />• 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 />• 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, the Consultant
<br />must purchase "extended reporting" coverage for a minimum of five (5) years after completion of
<br />work.
<br />Verification of Coverage
<br />Consultant shall furnish the City with original Certificates of Insurance including all
<br />required amendatory endorsements (or copies of the applicable policy language effecting coverage
<br />requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
<br />listing allpolicy endorsements to City before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive the 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 any time.
<br />Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits, based on the nature
<br />oftherisk, 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, Consultants, 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 or its subcontractors, agents, employees, or other persons
<br />acting on their behalf which relates to the services described in section 1 of this Agreement; and
<br />(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief is due by reason of the terms of or effects arising from this Agreement. This
<br />indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br />restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
<br />events referred to in this Section or by reason of the terms of, or effects, arising from this
<br />Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
<br />defense of the City, including fees and costs for special counsel to be selected by the City,
<br />regarding any action by a third party challenging the validity of this Agreement, or asserting that
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
<br />or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br />may make all reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code
<br />Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
<br />2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
<br />misconduct of the Consultant.
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