|
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, officials,
<br /> employees, agents, or volunteers shall not contribute with it.
<br /> 4. 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 /> 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
<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 /> 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa
<br /> Ana, Attention: Executive Director of Finance and Management Services Agency, 20
<br /> Civic Center Plaza, M-17, Santa Ana, CA 92701. The name and location of project
<br /> must be 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 /> Consultant 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 of Insurers
<br /> Insurance is to be placed with insurers authorized to conduct business in the State of California
<br /> with a current A.M, Best's rating of no less than A-:VII,unless otherwise acceptable to the City.
<br /> Verification of Coverage
<br /> Consultant shall furnish the City with original Certificates of Insurance and amendatory
<br /> endorsements (or copies of the applicable policy language effecting coverage required by this
<br /> clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy
<br /> endorsements before work begins. However, failure to obtain the required documents prior to the
<br /> work beginning shall not waive the Consultant's obligation to provide them. The City reserves the
<br /> right to require complete, certified copies of all required insurance policies, including
<br /> endorsements required by these specifications, 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)
<br /> .Page 4 of 9
<br /> ##2048781 v4
<br />
|