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8E Consent 2010 1220
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8E Consent 2010 1220
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12/22/2010 6:00:56 PM
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12/16/2010 4:29:51 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/20/2010
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_CC Agenda 2010 1220
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\City Clerk\City Council\Agenda Packets\2010\Packet 2010 1220
Reso 2010-152
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\City Clerk\City Council\Resolutions\2010
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4) Errors and Omissions Liability i nsurance appropriate to the Contractor's profession. Architects' and <br /> engineers' coverage is to be endorsed to include contractual liability. The City is not required to obtain <br /> Errors and Omissions Liability insurance for work and services provided by its own employees or <br /> officials. <br /> b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: <br /> 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. <br /> If Commercial General Liability Insurance or other form with a general aggregate limit is used, either <br /> the general aggregate limit shall apply separately to this project/location or the general aggregate limit <br /> shall be twice the required occurrence limit. <br /> 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. <br /> 3) Employer's Liability: $1,000.000 per accident for bodily injury or disease. <br /> c. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to <br /> and approved by ABAG. At the option of ABAG, either: the insurer shall reduce or eliminate such <br /> deductibles or self - insured retentions as respects ABAG, its officers. officials, employees and volunteers; <br /> or the Contractor shall provide a financial guarantee satisfactory to ABAG guaranteeing payment of losses <br /> and related investigations. claim administration and defense expenses. (Including operations, products and <br /> completed operations, as applicable.). <br /> d. Other Insurance Provisions. The Contractor will cause its self - insurance government agency risk pool to <br /> provide documentation of the following: <br /> 1) ABAG, its officers, officials, employees and volunteers are to be covered as insureds as respects: <br /> • liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles <br /> owned, leased, hired or borrowed by the Contractor. <br /> 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance <br /> as respects ABAG, its officers, officials, employees and volunteers. Any insurance or self - insurance <br /> maintained by ABAG, its officers, officials, employees or volunteers shall be excess of the <br /> Contractor's insurance and shall not contribute with it. <br /> 3) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be <br /> canceled by either party, except after 30 (thirty) days' prior written notice by certified mail, retum <br /> receipt requested, has been given to ABAG. <br /> 4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional <br /> insured in any case where an agreement to indemnify the additional insured would be invalid under <br /> Subdivision (b) of Section 2782 of the Civil Code. <br /> e. Acceptability of Insurers. Based on Contractor's representation that its self - insurance agency risk pool is <br /> solvent and funded at prudent levels, ABAG accepts the coverage provided in lieu of commercial <br /> insurance. <br /> f. Verification of Coverage. Contractor shall furnish ABAG with original certificates and amendatory <br /> endorsements effecting coverage required by this clause. All certificates and endorsements are to be <br /> received and approved by ABAG before work commences. ABAG reserves the right to require complete, <br /> certified copies of all required insurance policies, including endorsements affecting the coverage required <br /> by these specifications at any time. <br /> g. Authority to Self - Insure. The requirements of this section may be satisfied by the provisions of equivalent <br /> coverage through a program of self - insurance which is certified in writing with an "Affidavit of Insurance ", <br /> or functionally equivalent document. <br /> 13 <br />
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