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d. Self-Insured Retentions. Self-insured retentions must be declared to and approved by
<br /> 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
<br /> c. Acceptability of Insuc-ers. Insurance is to be placed with insurers authorized to
<br /> conduct business in the State of California with a current A.M. Best rating of no Less
<br /> than A., VII, unless otherwise acceptable to City,
<br /> f Verification of Covorage. Consultant shall furnish City with original Certificates of
<br /> Insurance including till. IWILlire d amendatory enndorsernnennts(or copies of theapplicable
<br /> policy language effecting coverage required by this clause) and a copy of the
<br /> Declarations and Endorsement Page of the CGL policy listing all policy endorsements
<br /> before work begins. However, failure to obtain the required documents prior to the
<br /> work beginning shall not waive Consultant's obligation to provide them.
<br /> City reserves the right to require complete, uertiiied copies of all required iwnsurarloe
<br /> policies, including endorsements required by these specifications, at any tune.
<br /> g. Special Disks or Circumstances.City reserves the right to modify these require me nts,
<br /> including limits, based on the nature of the risk, prior experience,insurer, coverage, or
<br /> other special circumstances.
<br /> 7, INDEMNIFICATION
<br /> Consultant agrees to defend,and.shall indemnify and hold harmless the City, its officers,
<br /> "gctyts,€lliployees,contractors,special counsel,and representatives tom liability: (1)for pe:rsonnal
<br /> injury, damages, just compensation,restitution,judicial or equitable relief arising out of claims forpersonal injury, including death, and clait�ns for property damage, which nrnay arise from the
<br /> negligent operations of the Consultant, its agents,employees,or other persons acting on its behalf
<br /> which relates to the services described in section I of this Agreement; and(2)from any claim that
<br /> personal injury, damages, .,just compensation, restitutionn,judicial or equitable relief is ,clue by
<br /> reason of the terms of or effects arising:from.this Agreement, This indemnity and hold harmless
<br /> agreement applies to .111 claittis for damages,just compensation, restitution,.judicial or equitable
<br /> relief suffered, or alleged to have been suffered,by reason of the events referred to in this Section
<br /> or by reason of the terms of,or effects,arising from this Agreement, Tile Consultant farther agrees
<br /> to indemnity, holy] harmless, and pay all costs for the defense of the City, including fees and costs
<br /> for special counsel to be selected by the City,regarding any action by a third party challen ing the
<br /> validity of this Agreement, or asserting that personal injury, damages, just compensation,
<br /> restitution,judicial or equitable relief due to personal or property rights arises by reason of the
<br /> terms of, or effects arising from this Agreement. City may make all reasonable decisions with
<br /> respect to its representation in any legal proceeding. Notwithstanding the foregoing,to the extent
<br /> Consultant's services are subject to Civil Code: Section 2782,8, the above indemnity shall be
<br /> limited,to the extent required by Civil Cade Section 2782.8, to claims that arise out of, pertain to,
<br /> or relate;to the negligence, recklessness,or willful misconduct of the Consultant,
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