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BayCAP2 <br /> <br /> <br /> <br />Bay Area Charge Ahead Project 2 - Approval to Proceed | July 30, 2014 | page 9 <br /> <br />b. City, its officers, officials, employees, and volunteers are to be covered as additional <br />insureds as respects: liability arising out of work or operations performed by or on behalf <br />of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. <br /> <br />c. Contractor hereby agrees to waive subrogation which any insurer or contractor may <br />require from vendor by virtue of the payment of any loss. Contractor agrees to obtain <br />any endorsements that may be necessary to affect this waiver of subrogation. <br /> <br />d. For any claims related to this Agreement or the work hereunder, the Contractor’s <br />insurance covered shall be primary insurance as respects the City, its officers, officials, <br />employees, and volunteers. Any insurance or self-insurance maintained by the City, its <br />officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance <br />and shall not contribute with it. <br /> <br />I.2.4 Submittal Requirements. To comply with Subsection I.2, Contractor shall submit the following: <br /> <br />a. Certificate of Liability Insurance in the amounts specified in the section; <br /> <br />b. Additional Insured Endorsement as required by the section; <br /> <br />c. Waiver of Subrogation Endorsement as required by the section; and <br /> <br />d. Primary Insurance Endorsement as required by the section. <br /> <br />I.3 All Policies Requirements. <br /> <br />I.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with <br />a Bests' rating of no less than A:VII. <br /> <br />I.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall <br />furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by <br />the insurer, including complete copies of all endorsements attached to the policies. All copies of <br />Certificates of Liability 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 receive the required <br />insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s <br />obligation to provide them. The City reserves the right to require complete copies of all required <br />insurance policies at any time. <br /> <br />I.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written <br />approval of City for the self-insured retentions and deductibles before beginning any of the services <br />or work called for by any term of this Agreement. At the option of the City, either: the insurer shall <br />reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, <br />employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the <br />City guaranteeing payment of losses and related investigations, claim administration and defense <br />expenses. <br /> <br />I.3.4 Wasting Policies. No policy required by this Section I shall include a “wasting” policy limit (i.e. <br />limit that is eroded by the cost of defense). <br /> <br />I.3.5 Endorsement Requirements. Each insurance policy required by Section I shall be endorsed to <br />state that coverage shall not be canceled by either party, except after 30 days’ prior written notice <br />has been provided to the City. <br /> <br />I.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall <br />furnish separate certificates and certified endorsements for each subcontractor. All coverages for <br />subcontractors shall be subject to all of the requirements stated herein. <br />