|
• Insurance policies required herein shall provide that coverage shall not be canceled,
<br />suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or
<br />materially changed except after thirty (30) days prior written notice has been given to
<br />City. Ten (10) days prior written notice shall be provided to City forpolicy cancellation
<br />or non -renewal due to non-payment of premium.
<br />• Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa
<br />Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project
<br />must be included in the Description of Operations section of each certificate.
<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 A:VII, unless
<br />otherwise acceptable to City.
<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. City reserves the right to require complete, certified
<br />copies of all required insurance policies, including endorsements required by these specifications,
<br />at any time.
<br />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 other special
<br />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 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
<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 2782.8, the above indemnity
<br />Page 4 of 9
<br />
|