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Item 19 - Agreement with DTSA Services Downtown Santa Ana Clean & Safe Program
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Item 19 - Agreement with DTSA Services Downtown Santa Ana Clean & Safe Program
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
19
Date
2/21/2023
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CITY OF SANTA ANA <br /> <br /> <br />RFP No. 22-168 Downtown Santa Ana Clean & Safe Team 28 <br /> <br /> <br />The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds <br />on the CGL policy with respect to liability arising out of work or operations performed by or on <br />behalf of the Contractor including materials, parts, or equipment furnished in connection with such <br />work or operations. General liability coverage can be provided in the form of an endorsement to the <br />Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through <br />the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is <br />used). <br /> <br />Primary Coverage <br />For any claims related to this contract, the Contractor’s insurance coverage shall be primary <br />coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, <br />employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, <br />officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not <br />contribute with it. <br /> <br />Notice of Cancellation <br />Each insurance policy required above shall provide that coverage shall not be canceled, except <br />with notice to the Entity. <br /> <br />Waiver of Subrogation <br />Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said <br />Contractor may acquire against the Entity by virtue of the payment of any loss under such <br />insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this <br />waiver of subrogation, but this provision applies regardless of whether or not the Entity has received <br />a waiver of subrogation endorsement from the insurer. <br /> <br />Self-Insured Retentions <br />Self-insured retentions must be declared to and approved by the Entity. The Entity may require the <br />Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and <br />related investigations, claim administration, and defense expenses within the retention. The policy <br />language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied <br />by either the named insured or Entity. <br /> <br />Acceptability of Insurers <br />Insurance is to be placed with insurers authorized to conduct business in the state with a current <br />A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity. <br /> <br />Claims Made Policies (note – should be applicable only to professional liability, see below) <br />If any of the required policies provide claims-made coverage: <br /> <br />4. The Retroactive Date must be shown, and must be before the date of the contract or the <br />beginning of contract work. <br />5. Insurance must be maintained and evidence of insurance must be provided for at least five <br />(5) years after completion of the contract of work. <br />6. If coverage is canceled or non-renewed, and not replaced with another claims-made policy <br />form with a Retroactive Date prior to the contract effective date, the Contractor must <br />purchase “extended reporting” coverage for a minimum of five (5) years after completion of <br />work. <br /> <br />Verification of Coverage <br />Contractor shall furnish the Entity with original Certificates of Insurance including all required <br />amendatory endorsements (or copies of the applicable policy language effecting coverage required <br />EXHIBIT 1
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