Agmt 2011 Association of Bay Area Governments ABAG

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