|
the event Consultant does not maintain commercial automobile liability insurance,
<br />City will accept evidence of personal automobile insurance_
<br />3. Workers' Compensation (W/C): as required by the State of California, with
<br />Statutory Limits, and Employer's Liability Insurance with limit of no less than
<br />$1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage
<br />is not required if Consultant has no employees and signs request to waive such
<br />insurance.
<br />4. Professional Liability Insurance (PL): with limits no less than $2,000,000 per
<br />occurrence or claim, and $4,000,000 aggregate.
<br />b. If Consultant maintains broader coverage and/or higher limits than the minimum
<br />requirements for each line of coverage shown above, City shall be entitled to the
<br />broader coverage and/or the higher limits maintained by Consultant. Where the policy
<br />limits are greater than those listed by this Agreement, the amounts provided by the
<br />certificates of insurance shall be incorporated by reference in to the Agreement.
<br />The above required insurance policies are to contain or be endorsed to contain the
<br />following provisions:
<br />1. City, its City Council, its officers, officials, employees, agents, and volunteers are
<br />to be covered as additional insureds, under Consultant's CGL, PL, and AL policies,
<br />with respect to any liability arising out of work or operations performed by or on
<br />behalf of the Instructor including materials, parts, equipment, and personnel
<br />furnished in connection with such work or operations.
<br />2. Consultant and its Insurance company(ies) agrees to waive all rights of subrogation
<br />against City, its City Council, its officers, officials, employees, agents, and
<br />volunteers for losses paid under the terms of the CGL, AL, PL, and W/C policies,
<br />arising from work performed by Consultant under this Agreement.
<br />3. For any claims related to this contract, Consultant's insurance coverage shall be
<br />primary and any insurance maintained by City, its City Council, its officers,
<br />officials, employees, agents, or volunteers shall not contribute with it.
<br />4. A severability of interest provision must apply for all the additional insureds,
<br />ensuring that Consultant's insurance shall apply separately to each insured against
<br />whom a claim is made or suit is brought, except with respect to the insurer's limits
<br />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
<br />to City. Ten (10) days prior written notice shall be provided to City for policy
<br />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
<br />Ana, Attention: Community Development Agency, 20 Civic Center Plaza, M-25,
<br />Santa Ana, CA 92701. The name and location of project must be included in the
<br />Description of Operations section of each certificate.
<br />
|