|
(9)
<br />CITY OF SANTA ANA
<br />1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be
<br />covered as additional insureds, under Company's CGL, CL, and PL policies, with respect to any liability
<br />arising out of work or operations performed by or on behalf of the Company.
<br />2. Company's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its
<br />City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of
<br />the CGL, CL, PL, WC policies which arise from work performed by Company under this Agreement.
<br />3. For any claims related to this contract, Company's insurance coverage shall be primary and any
<br />insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or
<br />volunteers shall not contribute with it.
<br />4. A severability of interest provision must apply for all the additional insureds, ensuring that Company's
<br />insurance shall apply separately to each insured against whom a claim is made or suit is brought, except
<br />with respect to the insurer's limits of liability.
<br />5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided,
<br />reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30)
<br />days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to
<br />City for policy cancellation or non -renewal due to non-payment of premium.
<br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name
<br />of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staff's
<br />Department Mail Box), Santa Ana, CA 92701. The name and location of project must be included in the
<br />Description of Operations section of each certificate.
<br />Self -Insured Retentions
<br />Self -insured retentions must be declared to and approved by Customer. Customer may require Company to provide
<br />proof of ability to pay losses and related investigations, claim administration, and defense expenses within the
<br />retention.
<br />Acceptability of Insurers
<br />Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M.
<br />Best rating of no less than A-:VII, unless otherwise acceptable to Customer.
<br />Claims Made Policies
<br />If any of the required policies provide coverage on a claims -made basis:
<br />1. The retroactive date must be shown and must be before the date of the contract.
<br />2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years
<br />after completion of work.
<br />3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a
<br />retroactive date prior to the contract effective date, Company must purchase "extended reporting"
<br />coverage for a minimum of three (3) years after completion of work.
<br />Verification of Coverage
<br />Company shall furnish Customer with original Certificates of Insurance including all required amendatory
<br />endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to
<br />obtain the required documents prior to the work beginning shall not waive Company's obligation to provide them.
<br />Customer reserves the right to require complete, certified copies of all required insurance policies, including
<br />endorsements required by these specifications, at any time.
<br />Subcontractors
<br />Company shall require and verify that all subcontractors maintain insurance meeting all the requirements stated
<br />herein.
<br />Special Risks or Circumstances
<br />Customer reserves the right to modify these requirements, including limits, based on the nature of the risk, prior
<br />experience, insurer, coverage, or other special circumstances.
<br />Failure to Maintain Insurance Coverage
<br />City of Santa Ana RFP No. 24-104 Page 24 of 35
<br />
|