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8E Consent 2012 0618
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8E Consent 2012 0618
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7/20/2012 5:23:33 PM
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6/12/2012 4:36:17 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/18/2012
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_CC Agenda 2012 0618 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0618
Reso 2012-068
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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Lobbying Certification - Paragraph d <br />This certification is a material representation of fact upon which reliance was placed when this <br />transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into <br />this transaction imposed by section 1353, title 31, U.S. Code. Any person who fails to file the required certification <br />shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. <br />6.0 INSURANCE REQUIREMENTS <br />6.1 Insurance. Before beginning any work under this Agreement, Subrecipient, at its own cost and <br />expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to <br />property that may arise from or in connection with the performance of the work hereunder by the Subrecipient and <br />its agents, representatives, employees, and subcontractors. Subrecipient shall provide proof satisfactory to City of <br />such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects <br />to the City. Subrecipient shall maintain the insurance policies required by this section throughout the term of this <br />Agreement. The cost of such insurance shall be included in the Subrecipient's bid. Subrecipient shall not allow any <br />subcontractor to commence work on any subcontract until Subrecipient has obtained all insurance required herein <br />for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be <br />submitted and made part of this Agreement prior to execution. <br />6.2 Workers' Compensation_ Subrecipient shall, at its sole cost and expense, maintain Statutory <br />Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or <br />indirectly by Subrecipient. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall <br />be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, <br />Subrecipient may rely on a self- insurance program to meet those requirements, but only if the program of self - <br />insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance <br />program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The <br />insurer, if insurance is provided, or the Subrecipient, if a program of self- insurance is provided, shall waive all rights <br />of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work <br />performed under this Agreement. <br />An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced <br />in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, <br />has been given to the City. <br />6.3 Commercial General and Automobile Liability Insurance. <br />a. General requirements Subrecipient, at its own cost and expense, shall maintain commercial <br />general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION <br />DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work <br />contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or <br />other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the <br />work to be performed under this Agreement or the general aggregate limit shall be at least twice the required <br />occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from <br />bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities <br />contemplated under this Agreement, including the use of owned and non -owned automobiles. <br />b. Minimum scope of coverage Commercial general coverage shall be at least as broad as <br />Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services <br />Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office <br />form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at <br />least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No <br />endorsement shall be attached limiting the coverage. <br />C. Additional requirements. Each of the following shall be included in the insurance coverage <br />or added as an endorsement to the policy: <br />-7- <br />CDBG Agreement with BFWC FY12 -13 <br />
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