|
4. A severability of interest provision must apply for all the additional insureds, ensuring that
<br />Contractor's insurance shall apply separately to each insured against whom a claim is made
<br />or suit is brought, except with respect to the insurer's limits of liability.
<br />5. 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 City.
<br />Ten (10) days prior written notice shall be provided to City for policy cancellation or non -
<br />renewal due to non-payment of premium.
<br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
<br />Attention: Executive Director, Finance and Management Services Agency, 20 Civic
<br />Center Plaza M-17, Santa Ana, CA 92701. The name and location of project must be
<br />included in the Description of Operations section of each certificate.
<br />Self -Insured Retentions
<br />Self -insured retentions must be declared to and approved by the City. The City may require the
<br />Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses
<br />and related investigations, claim administration, and defense expenses within the retention.
<br />Acceptability oflnsurers
<br />Insurance is to be placed with insurers authorized to conduct business in the state with a current
<br />A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
<br />Verification of Coverage
<br />Contractor shall furnish the City with original certificates of insurance including all required
<br />amendatory endorsements (or copies of the applicable policy language effecting coverage required
<br />by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
<br />policy endorsements before work begins. However, failure to obtain the required documents prior
<br />to the work beginning shall not waive the Contractor's obligation to provide them.
<br />Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits, based on the nature of the
<br />risk, prior experience, insurer, coverage, or other special circumstances.
<br />INDEMNIFICATION
<br />Contractor 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 Contractor, 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 Contractor
<br />Page 4 of 9
<br />#451059vl
<br />
|