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EXHIBIT 2
<br /> 0 CITY OF SANTA ANA
<br /> license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and
<br /> warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such
<br /> representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City
<br /> shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not
<br /> within the purposes intended by this Agreement shall be at City's sole risk.
<br /> 8. INSURANCE
<br /> Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require
<br /> any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement
<br /> against claims for injuries to persons or damage to property which may arise from or in connection with services,
<br /> products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
<br /> MINIMUM SCOPE AND LIMIT OF INSURANCE
<br /> 1. Commercial General Liability(CGL): Insurance Services Office Form CG 00 01covering CGL on an
<br /> "occurrence" basis, including products and completed operations, property damage, bodily injury and
<br /> personal &advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000
<br /> aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
<br /> 2. Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with
<br /> limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain
<br /> commercial automobile liability insurance, City will accept evidence of personal automobile insurance,
<br /> provided that such policy is endorsed for business use and provides coverage with a minimum limit of
<br /> $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.
<br /> 3. Workers' Compensation (WC): as required by the State of California, with Statutory Limits, and
<br /> Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for
<br /> bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to
<br /> waive such insurance.
<br /> 4. Professional Liability(PL)/Errors and Omissions(E&O): with limits no less than $2,000,000 per
<br /> occurrence or claim, and $2,000,000 aggregate.
<br /> If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of
<br /> coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits
<br /> maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of
<br /> insurance and coverage shall be available to City.
<br /> Other Insurance Provisions
<br /> The above required 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 be covered as
<br /> additional insureds, under Consultant's CGL and AL policies, with respect to any liability arising out of
<br /> work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and
<br /> personnel furnished in connection with such work or operations.
<br /> 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City
<br /> Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of
<br /> Consultant's CGL, AL, and WC policies which arise from work performed by Consultant under this
<br /> Agreement.
<br /> 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any
<br /> insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall
<br /> not contribute with it.
<br /> 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's
<br /> insurance shall apply separately to each insured against whom a claim is made or suit is brought, except
<br /> with respect to the insurer's limits of liability.
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