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RFP 13-015 <br />maintain any employer's liability insurance with limits not less than $1,000,000 <br />per accident. <br />d. If Proposer is, or employs a licensed professional such as an architect or engineer: <br />Professional liability (errors and omissions) insurance, with combined single limit <br />of not less than $1,000,000 per claim. <br />e. The following requirements apply to the insurance to be provided by Contractor <br />pursuant to this section: <br />Commercial general liability and business automobile insurance policies <br />shall (a) name the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s); (b) be primary and not <br />contributory with respect to insurance or self-insurance programs <br />maintained by the City; and (c) contain standard separation of insureds <br />provisions. A sample additional insured endorsement is attached hereto as <br />Exhibit C. Contractor shall maintain all insurance required above in full <br />force and effect for the entire period covered by this Agreement. <br />ii. Certificates of insurance shall be furnished to the City upon execution of <br />this Contract and shall be approved in form by the City Attorney. <br />iii. Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />f. If Contractor fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance <br />has been procured and is in force and paid for, the City shall have the right, at the <br />City's election, to forthwith terminate this Contract. Such termination shall not <br />affect Contractor's right to be paid for its time and materials expended prior to <br />notification of termination. Contractor waives the right to receive compensation <br />and agrees to indemnify the City for any work performed prior to approval of <br />insurance by the City. <br />3.4 Award: The final award of an agreement is subject to approval by the Santa Ana City <br />Council. <br />3.5 Agreement: A resulting agreement shall include any written material made as part of <br />your proposal. This material may include but is not limited to: answers to questions <br />contained in this RFP, letters, telegrams, facsimile and product literature. <br />3.6 Statutes and Rules: The terms and conditions of the RFP, the resulting services, and <br />furnishing of commodities based on the RFP shall conform to the statutes, rules and <br />regulations of the Federal Government, State of California, City of Santa Ana and the <br />6 <br />25A-17