Agenda Packet_2024-07-16 (Revised)

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EXHIBIT 2 (c) Workers' Compensation (WC). As required by the State of California, with statutory limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident, policy, employee for bodily injury or disease. (d) Builder's Risk (Course of Construction) (BR). Utilizing an"All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no co- insurance penalty provisions. (e) Surety Bonds as described below. (f) Professional Liability(PL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The Professional Liability coverage may be obtained by Developer's architect or other design profession, provided that the coverage meets all other requirements of this Agreement and City consents to the coverage in writing. (g) Pollution Legal Liability and/or Errors and Omissions (PLL). With limits no less than $50,000. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Developer maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Developer. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract. 15.2 Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At the option of City, Developer shall cause its insurer(s)to reduce or eliminate such self- insured retentions as respects City; or Developer shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 15.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor's CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Developer including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Developer. Additional insured status can be provided in the form of an endorsement to Developer's insurance. (b) For any claims related to this project, Developer's insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it. 21 55394.00101\42414134.1 City Council 12 — 35 7/16/2024