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Agmt 2004 Winzler & Kelly Consulting Engineers
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Agmt 2004 Winzler & Kelly Consulting Engineers
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Last modified
8/12/2009 3:15:02 PM
Creation date
8/11/2009 9:09:01 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/7/2004
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PERM
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Reso 2004-138
(Approved by)
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\City Clerk\City Council\Resolutions\2004
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4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement <br />shall be attached to all insurance obtained pursuant to this Agreement stating that <br />coverage shall not be suspended, voided, canceled by either party, or reduced in <br />coverage or in limits, except after thirty (30) days' prior written notice by certified <br />mail, return receipt requested, has been given to the City. In the event that any <br />coverage required by this section is reduced, limited, cancelled, or materially <br />affected in any other manner, Consultant shall provide written notice to City at <br />Consultant's earliest possible opportunity and in no case later than ten (10) <br />working days after Consultant is notified of the change in coverage. <br />4.4.4 Additional insured; primary insurance. A certified endorsement at least as <br />broad as Insurance Services Office form number CG 2010 (11/85 ed.) shall be <br />attached to all general liability policies stating that the City and its officers, <br />employees, agents, and volunteers shall be covered as additional insureds with <br />respect to each of the following: liability arising out of activities performed by or on <br />behalf of Consultant, including the insured's general supervision of Consultant; <br />products and completed operations of Consultant, as applicable; premises owned, <br />occupied, or used by Consultant; and automobiles owned, leased, or used by the <br />Consultant in the course of providing services pursuant to this Agreement. The <br />coverage shall contain no special limitations on the scope of protection afforded to <br />City or its officers, employees, agents, or volunteers. <br />A certified endorsement shall be attached to all policies stating that coverage is <br />primary insurance with respect to the City and its officers, officials, employees and <br />volunteers, and that no insurance orself-insurance maintained by the City shall be <br />called upon to contribute to a loss under the coverage. <br />4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and <br />obtain the approval of City for the self-insured retentions and deductibles before <br />beginning any of the services or work called for by any term of this Agreement. <br />During the period covered by this Agreement, only upon the prior express written <br />authorization of Contract Administrator, Consultant may increase such deductibles <br />orself-insured retentions with respect to City, its officers, employees, agents, and <br />volunteers. The Contract Administrator may condition approval of an increase in <br />deductible orself-insured retention levels with a requirement that Consultant <br />procure a bond, guaranteeing payment of losses and related investigations, claim <br />administration, and defense expenses that is satisfactory in all respects to each of <br />them. <br />4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its <br />policies or shall furnish separate certificates and certified endorsements for each <br />subcontractor. All coverages for subcontractors shall be subject to all of the <br />requirements stated herein. <br />Consulting Services Agreement between August 13, 2004 <br />City of San Leandro and Winzler and Kelly Consulting Engineers Page 6 of 20 <br />
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