• For any claims related to this contract, Consultant's insurance coverage shall be primary
<br />and any insurance maintained by City, its City Council, its officers, officials, employees,
<br />agents, or volunteers shall not contribute with it.
<br />• A severability of interest provision must apply for all the additional insureds, ensuring that
<br />Consultant's insurance shall apply separately to each insured against whom a claim is made
<br />or suit is brought, except with respect to the insurer's limits of liability.
<br />• 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 City.
<br />Ten (10) days prior written notice shall be provided to City for policy cancellation or non -
<br />renewal due to non-payment of premium.
<br />• Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
<br />20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be
<br />included in the Description of Operations section of each certificate.
<br />Self -Insured Retentions: Self -insured retentions must be declared to and approved by the
<br />City. The City may require the Consultant to purchase coverage with a lower retention or provide
<br />proof of ability to pay losses and related investigations, claim administration, and defense expenses
<br />within the retention.
<br />Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct
<br />business in the State of California with a current A.M. Best rating of no less than A:VII, unless
<br />otherwise acceptable to City.
<br />Verification of Coverage: Consultant shall furnish City with original Certificates of
<br />Insurance including all required amendatory endorsements (or copies of the applicable policy
<br />language effecting coverage required by this clause) and a copy of the Declarations and
<br />Endorsement Page of the CGL policy listing all policy endorsements before work begins.
<br />However, failure to obtain the required documents prior to the work beginning shall not waive
<br />Consultant's obligation to provide them. City reserves the right to require complete, certified
<br />copies of all required insurance policies, including endorsements required by these specifications,
<br />at any time.
<br />Special Risks or Circumstances: City reserves the right to modify these requirements,
<br />including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special
<br />circumstances.
<br />8. 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 />
|