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1) An Additional Insured endorsement using ISO form CO 2010 or CG 2033 or a <br />form at least as broad naming each Party and JWA and its elected and appointed <br />officials, officers, employees, and agents as Additional Insureds, <br />2) A primary non-contributing endorsement evidencing that the contractor's <br />insurance is primary and any insurance maintained by any Party shall be excess <br />and non-contributing. <br />3) A Products and Completed Operations endorsement using ISO Form CG2037 <br />(ed. 10/01) or a form at least as broad, or an acceptable alternative is the ISO <br />from CG2010 (ed. 11/&5). <br />All insurance policies required herein shall waive all rights of subrogation against the Parties and <br />their respective elected and appointed officials, officers, agents and employees when acting <br />within the scope of their appointment or employment. <br />If a Professional Liability policy is a "claims made" policy, that contractor shall agree to <br />maintain professional liability coverage for three years following completion of construction and <br />acceptance of work. The Products and Completed Operations coverage shall also be maintained <br />for three years following completion of construction and acceptance of work. <br />The procuring of such required policy or policies of insurance shall not be construed to limit the <br />Contractor and/or its subcontractor's liability, nor to fulfill an indemnification provisions and <br />requirements, nor in any way to reduce the policy coverage and limits available from the insurer. <br />Required Bonds <br />Contractor shall provide a faithful performance bond, payment bond, and warranty bond <br />(individually "Bond" or collectively "Bonds") subject to Director prior approval and the terms <br />herein. Each Bond shall name the Parties as beneficiaries and grant each Project Representative <br />the right to enforce the bond to complete the Facilities in compliance with all construction <br />obligations including but not limited to those for warranties. <br />Sureties providing these Bonds shall be a Treasury Listed Surety Admitted in California <br />(Federal Register) with a current minimum Best's Key Rating of A- and a Financial Size <br />Category (FSC) of VIII or better. Contractor shall pay all premiums and costs thereof and <br />incidental thereto. SANTA ANA and the Project Representatives agree to not release the <br />Contractor from its Bond(s) without the first obtaining mutual written approval by the Project <br />Representatives. Release of a warranty bond(s) shall occur no earlier than the third anniversary <br />of the sign -off date on the applicable CPP(s). <br />Contractor to provide faithful performance bond(s) in an amount to cover 100% of the <br />estimated construction cost for the Facilities (including labor and materials) to insure the <br />Contractor's faithful performance of all work ander the construction contract and the replacing <br />of, or making acceptable, any defective materials or faulty workmanship. No alterations, time <br />extensions, additional work or other changes authorized by the Agreement or the contract may be <br />made without securing consent of the surety or sureties on the Bonds. <br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 67 of 69 <br />23A-123 <br />