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Agmt 2013 Kier & Wright Civil Engineers & Surveyors Inc
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Agmt 2013 Kier & Wright Civil Engineers & Surveyors Inc
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Last modified
6/10/2013 3:47:43 PM
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6/10/2013 3:47:41 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/3/2013
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PERM
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Reso 2013-079
(Approved by)
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\City Clerk\City Council\Resolutions\2013
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• <br /> 4.4 All Policies Requirements. <br /> 4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed <br /> with insurers with a Bests' rating of no less than A:VII. <br /> 4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, <br /> Consultant shall furnish City with complete copies of all Certificates of Liability <br /> Insurance delivered to Consultant by the insurer, including complete copies of all <br /> endorsements attached to the policies. All copies of Certificates of Liability <br /> Insurance and certified endorsements shall show the signature of a person <br /> authorized by that insurer to bind coverage on its behalf. If the City does not <br /> receive the required insurance documents prior to the Consultant beginning work, <br /> it shall not waive the Consultant's obligation to provide them. The City reserves <br /> the right to require complete copies of all required insurance policies at any time. <br /> 4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and <br /> obtain the written approval of City for the self-insured retentions and deductibles <br /> before beginning any of the services or work called for by any term of this <br /> Agreement. At the option of the City, either: the insurer shall reduce or eliminate <br /> such deductibles or self-insured retentions as respects the City, its officers, <br /> employees, and volunteers; or the Consultant shall provide a financial guarantee <br /> satisfactory to the City guaranteeing payment of losses and related investigations, <br /> claim administration and defense expenses. <br /> 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a"wasting" <br /> policy limit(i.e. limit that is eroded by the cost of defense). <br /> 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall <br /> be endorsed to state that coverage shall not be canceled by either party, except <br /> after 30 days' prior written notice has been provided to the City. <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 /> 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide <br /> or maintain any insurance policies or policy endorsements to the extent and within the time <br /> herein required, City may, at its sole option exercise any of the following remedies,which <br /> are alternatives to other remedies City may have and are not the exclusive remedy for <br /> Consultant's breach: <br /> • Obtain such insurance and deduct and retain the amount of the premiums for such <br /> insurance from any sums due under the Agreement; <br /> Consulting Services Agreement between Fiber Conduit for Broadband <br /> City of San Leandro and Kier&Wright Page 7 of 14 <br />
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