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(5) Self -Insured Retentions. Self -insured retentions must be declared to and approved
<br />by the City. The City may require the Consultant 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. Insurance 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 />(7) Verification of Coverage. Consultant 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 Consultant'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) Subcontractors. Consultant shall require and verify that all subcontractors
<br />maintain insurance meeting all the requirements stated herein, and Consultant shall
<br />ensure that City is an additional insured on insurance required from subcontractors.
<br />(9) 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 />7. 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 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 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
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