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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 />e. Acceptability of Insurers. 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 Coverage. Consultant shall furnish City with original Certificates of
<br />Insurance including all required amendatory endorsements (or copies of the applicable
<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, certified copies of all required insurance
<br />policies, including endorsements required by these specifications, at any time.
<br />g. Special Risks or Circumstances. City reserves the right to modify these requirements,
<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 />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 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, restitution, judicial or equitable relief is due by
<br />reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
<br />agreement applies to all claims 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. The Consultant further agrees
<br />to indemnify, hold 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 challenging 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 Code 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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