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Self-Insured Retentions. Self-insured retentions must be declared to and approved by the
<br /> City.The City may require the Consultant to purchase coverage with a lower retention or provido
<br /> proof of ability to pay losses and related investigations,claim administration,and defense expenses
<br /> within the retention.
<br /> Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct
<br /> business in the State of California with a current A.M. Best rating of no less than AXII, unless
<br /> otherwise acceptable to City. i
<br /> Verification of Coverage. Consultant shall furnish City with original Certificates of !
<br /> Insurance including all required amendatory endorsements (or copies of the applicable policy
<br /> language effecting coverage required by this clause) and a copy of the Declarations and !
<br /> Endorsement Page of the CGL policy listing all policy endorsements before work begins.
<br /> However, failure to obtain the required documents prior to the work beginning shall not waive
<br /> Consultant's obligation to provide them.
<br /> 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. City reserves the night to modify these requirements,
<br /> including limits,based on the nature of the risk,prior experience,insurer,coverage,or other special
<br /> circumstances.
<br /> 7. INDEMNIFfCATION
<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 t 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
<br /> decisions with respect to its representation in any legal proceeding,Notwithstanding the foregoing,
<br /> to the extent Consultant's services are subject to Civil Code Section 2792.8,the above indemnity
<br /> shall be limited, to the extent required by Civil Code Section 2782,8, to claims that arise, out of,
<br /> pertain to, or rolate to the negligence,recklessness,or willful misconduct of the Consultant.
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