■ 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, officials,
<br />employees, agents, or volunteers shall not contribute with it.
<br />• A severability of interest provision must apply for all the additional insureds, ensuring
<br />that Consultant's insurance shall apply separately to each insured against whom a claim
<br />is made or suit is brought, except with respect to the insurer's limits of liability.
<br />• 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 for policy 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, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA
<br />92701. The name and location of project must be included in the Description of
<br />Operations section of each certificate.
<br />Self -Insured Retentions. Self -insured retentions must be declared to and approved by the
<br />City. The City may require the Consultant to purchase coverage with a lower retention or provide
<br />proof of ability to pay losses and related investigations, claim administration, and defense expenses
<br />within the retention.
<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
<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 />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)
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