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DocuSign Envelope ID: 7638703A-982B-44CA-8B4E-4D6022A2ABE2
<br />subrogation, but this provision applies regardless of whether or not the City has received a waiver
<br />of subrogation endorsement from the insurer.
<br />Self -Insured Retentions
<br />Self -insured retentions must be declared to and approved by the City. The City may require the
<br />Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses
<br />and related investigations, claim administration, and defense expenses within the retention. The
<br />policy language shall provide, or be endorsed to provide, that the self -insured retention may be
<br />satisfied by either the named insured or City.
<br />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 />Verification of Coverage
<br />Consultant shall furnish the City with original Certificates of Insurance including all required
<br />amendatory endorsements (or copies of the applicable policy language effecting coverage required
<br />by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
<br />policy 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 policies,
<br />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 of the
<br />risk, 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, 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
<br />challenging the validity of this Agreement, or asserting that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by
<br />reason of the terms of, or effects arising from this Agreement. City may make all reasonable
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