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Revised 1/27/22 A copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as 277 applicable, which evidences the compliance with this Paragraph 18, must be filed 278 with City prior to the start of Consultant’s Work. Such documents evidencing 279 insurance shall be in a form acceptable to City and shall provide satisfactory evidence 280 that Consultant has complied with all insurance requirements. Renewal certificates 281 shall be provided to City prior to the expiration date of any of the required policies. 282 City will not be obligated, however, to review such declaration page, Rider, 283 Endorsement or certificates or other evidence of insurance, or to advise Consultant of 284 any deficiencies in such documents and receipt thereof shall not relieve Consultant 285 from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s 286 obligations hereunder. City reserves the right to examine any policy provided for 287 under this Provision 18. 288 289 F. If Consultant fails to provide the insurance coverage specified herein, the Consultant 290 will defend, indemnify and hold harmless the cities of Roseville, Maplewood, and 291 Saint Paul, their respective Councils, officers, agents and employees from any loss, 292 claim, liability and expense (including reasonable attorney’s fees and expenses of 293 litigation) to the extent necessary to afford the same protection as would have been 294 provided by the specified insurance. Except to the extent prohibited by law, this 295 indemnity applies regardless of any strict liability or negligence attributable to the 296 City (including sole negligence) and regardless of the extent to which the underlying 297 occurrence (i.e., the event giving rise to a claim which would have been covered by 298 the specified insurance) is attributable to the negligent or otherwise wrongful act or 299 omission (including breach of contract) of Consultant, its contractors, subcontractors, 300 agents, employees or delegates. Consultant agrees that this indemnity shall be 301 construed and applied in favor of indemnification. Consultant also agrees that if 302 applicable law limits or precludes any aspect of this indemnity, then the indemnity 303 will be considered limited only to the extent necessary to comply with that applicable 304 law. The stated indemnity continues until all applicable statutes of limitation have 305 run. 306 307 If a claim arises within the scope of the stated indemnity, the City may require 308 Consultant to: 309 310 a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing 311 performance of the indemnity obligation; or 312 313 b. Furnish a written acceptance of tender of defense and indemnity from 314 Consultant’s insurance company. 315 316 Consultant will take the action required by the City within fifteen (15) days of 317 receiving notice from the City. 318 319 19. Ownership of Documents. All plans, diagrams, analysis, reports and information 320 generated in connection with the performance of this Agreement (“Information”) shall 321 become the property of the City, but the Consultant may retain copies of such documents 322 ATTACHMENT A