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Self -Insured Retentions. Self -insured retentions must be declared to and approved
<br />by the City. The City may require the Contractor to purchase coverage with a lower
<br />retention or provide proof of ability to pay losses and related investigations, claim
<br />administration, and defense expenses within the retention. The policy language
<br />shall provide, or be endorsed to provide, that the self -insured retention may be
<br />satisfied by either the named insured or City.
<br />6. Acceptability of Insurers. hismance is to be placed with insurers authorized to
<br />conduct business in the state with a current A.M. Best's rating of no less than
<br />A:VII, unless otherwise acceptable to the City.
<br />Verification of Coverage. Contractor shall furnish the City with original
<br />Certificates of Insurance including all required amendatory endorsements (or copies
<br />of the applicable policy language effecting coverage requiredby this clause) and a
<br />copy of the Declarations and Endorsement Page of the CGL policy listing all policy
<br />endorsements to City before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive the Contractor's obligation to
<br />provide them.
<br />The City reserves the right to require complete, certified copies of all required
<br />insurance policies,including endorsements required by these specifications, at any
<br />time.
<br />8. Special Risks or Circumstances. City reserves the right to modify these
<br />requirements, including limits, based on the nature of the risk, prior experience,
<br />insurer, coverage, or other special circumstances.
<br />6. INDEMNIFICATION
<br />Contractor 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 Contractor 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 Contractor 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.
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