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In the event Subcontractor does not maintain commercial automobile liability <br /> insurance, City will accept evidence of personal automobile insurance. <br /> 4. Workers' Compensation (WIC): as required by the State of California,with Statutory <br /> Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per <br /> accident, per employee, per policy for bodily injury or disease. Coverage is not <br /> required if Subcontractor has no employees and signs request to waive such insurance. <br /> If the Subcontractor maintains broader coverage and/or higher limits than the minimum <br /> requirements for each line of coverage shown above, the City requires and shall be entitled to the <br /> broader coverage and/or higher limits maintained by the Subcontractor. Any available insurance <br /> proceeds in excess of the specified minimum limits of insurance and overage shall be available to <br /> City. <br /> Other Insurance Provisions <br /> The insurance policies are to contain, or be endorsed to contain,the following provisions: <br /> 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to <br /> be covered as additional insureds, under Consultant's CGL,Professional Liability,and <br /> Automobile Liability policies, with respect to any liability arising out of work or <br /> operations performed by or on behalf of the Subcontractor including materials, parts, <br /> equipment, and personnel furnished in connection with such work or operations. <br /> 2. Subcontractor's Insurance company(ies) agrees to waive all rights of subrogation <br /> against City, its City Council, its officers, officials, employees, agents, and volunteers <br /> for losses paid under the terms of any policy which arise from work performed by <br /> Subcontractor under this Agreement. <br /> 3. For any claims related to this contract, Subcontractor'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 Subcontractor's insurance shall apply separately to each insured against whom a <br /> claim 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, Community Development Agency, 20 Civic <br /> Center Plaza M-25, Santa Ana, CA 92701. The name and location of event should 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 /> Subcontractor 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 /> Page 4 of 10 <br /> #2006970vl <br />