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Interest, which may be adversely affected by the outcome of the protest. Such parties <br />shall include all other proposers who appear to have a reasonable prospect of receiving <br />an award depending upon the outcome of the protest. <br />Should a written protest be filed in a timely fashion, a protest hearing shall be held before the <br />Executive Director of Public Works or designee within 10 business days following the City's receipt <br />of protest, or as soon thereafter as may be scheduled. All interested parties may appear and offer <br />testimony at this protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall <br />testimony under oath be required. The burden of proof shall be on the party submitting the protest <br />to demonstrate that' the staff's determination of the best value proposal is arbitrary and capricious,_ <br />or unsupported by substantial evidence In the record. <br />All proposer are advised that if you challenge the City's award of contract in court, you may be <br />limited to raising only those issues you or isomeone else raised at the public hearing described <br />above, or in written correspondence delivered to the Executive Director of Public Works at, or prior <br />to, the public hearing. <br />The Executive Director of Public Works or designee will issue a written decision. If the Executive <br />Director of Public Works or designee determines that a protest is frivolous, the party originating the <br />protest may be determined to be irresponsible and that party may be determined to be ineligible for <br />future contract awards. <br />The procedure and time limits set forth in this paragraph are mandatory and are the proposer's sole <br />and exclusive remedy in the event of protest and failure to comply with these procedures shall <br />constitute awaiver of any right to further pursue the bid protest, including filing a Government Code <br />Claim or legal proceedings. <br />XIX. INSURANCE REQUIREMENTS <br />As a condition of, and throughout the term of the contract, the vendor shall have and maintain the <br />Insurance described below. A certificate of insurance, naming the City of Santa Ana as an <br />additional insured, shall be provided to the Buyer before award: <br />Certificate of Insurance (Acord's 25•S form no.) to include: <br />• General Liability -- $1,000,000 each occurrence <br />• Worker's Compensation Within the limits required 'bythe State of California <br />• Automotive Insurance— $1,000,000 combined single limit <br />A notation in the Cancellation clause (in the bottom right hand corner) of the Certificate must be <br />made that the City will be mailed 30 days written notice of policy cancellation and the references <br />"endeavor to" and 'failure to mail such notice shall impose no obligation or liability of any <br />kind upon the company, its agents or representatives" shall be either removed or X'd through. <br />If the vendor allows their coverage to expire or their insurance is canceled at any time during the <br />contract, the vendor shall provide the Buyer with an updated, valid insurance certification. No <br />additional work shall be performed and no payments will be made until adequate proof of insurance <br />is provided. <br />— Advanced Metering Infrastructure Feasibility Study <br />