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In the event Subcontractor does not maintain commercial automobile liability
<br />insurance, City will accept evidence of personal automobile insurance.
<br />4.Workers' Compensation (W/C): as required by the State of California, with Statutory
<br />Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per
<br />accident, per employee, per policy for bodily injury or disease. Coverage is not
<br />required if Subcontractor has no employees and signs request to waive such insurance.
<br />If the Subcontractor maintains broader coverage and/or higher limits than the minimum
<br />requirements for each line of coverage shown above, the City requires and shall be entitled to the
<br />broader coverage and/or higher limits maintained by the Subcontractor. Any available insurance
<br />proceeds in excess of the specified minimum limits of insurance and overage shall be available to
<br />City.
<br />Other Insurance Provisions
<br />The insurance policies are to contain, or be endorsed to contain, the following provisions:
<br />1.City, its City Council, its officers, officials, employees, agents, and volunteers are to
<br />be 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 Subcontractor including materials, parts,
<br />equipment, and personnel furnished in connection with such work or operations.
<br />2.Subcontractor's Insurance company(ies) agrees to waive all rights of subrogation
<br />against City, its City Council, its officers, officials, employees, agents, and volunteers
<br />for losses paid under the te1ms of any policy which arise from work performed by
<br />Subcontractor under this Agreement.
<br />3.For any claims related to this contract, Subcontractor's insurance coverage shall be
<br />primary and any insurance maintained by City, its City Council, its officers, officials,
<br />employees, 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 Subcontractor's insurance shall apply separately to each insured against whom a
<br />claim 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 ( l 0) 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
<br />Ana, Attention: Executive Director, Community Development Agency, 20 Civic
<br />Center Plaza M-25, Santa Ana, CA 92701. The name and location of event should be
<br />included in the Description of Operations section of each certificate.
<br />Self-Insured Retentions
<br />Self-insured retentions must be declared to and approved by the City. The City may require the
<br />Subcontractor 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.
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<br />EXHIBIT 1
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