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1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be
<br />covered as additional insureds, under Consultant's CGL, Professional Liability, and
<br />Automobile Liability policies, with respect to any liability arising out of work or
<br />operations performed by or on behalf of the Consultant including materials, parts,
<br />equipment, and personnel furnished in connection with such work or operations.
<br />2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against
<br />City, its City Council, its officers, officials, employees, agents, and volunteers for losses
<br />paid under the terms of any policy which arise from work performed by Consultant under
<br />this Agreement.
<br />3. 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 />4. A severability of interest provision must apply for all the additional insureds, ensuring
<br />that Consultant's insurance shall apply separately to each insured against whom a claim
<br />is made or suit is brought, except with respect to the insurer's limits of liability.
<br />5. 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
<br />City. Ten (10) days prior written notice shall be provided to City for policy cancellation
<br />or non -renewal due to non-payment of premium.
<br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
<br />Attention: Heidi Chou, 20 Civic Center Plaza M-85, Santa Ana, CA 92701. The name
<br />and location of project must be included in the Description of Operations section of each
<br />certificate.
<br />Self -Insured Retentions
<br />Self -insured retentions must be declared to and approved by the City. The City may require the
<br />Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses
<br />and related investigations, claim administration, and defense expenses within the retention.
<br />Acceptability of Insurers
<br />Insurance is to be placed with insurers authorized to conduct business in the State of California
<br />with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
<br />Verification of Coverage
<br />Consultant shall furnish City with original Certificates of Insurance including all required
<br />amendatory endorsements (or copies of the applicable policy language effecting coverage
<br />required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
<br />listing all policy endorsements before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive Consultant's obligation to provide them.
<br />City reserves the right to require complete, certified copies of all required insurance policies,
<br />including endorsements required by these specifications, at any time.
<br />Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits, based on the nature of the
<br />risk, prior experience, insurer, coverage, or other special circumstances.
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