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Supplement 8E Consent 2014 0915
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Supplement 8E Consent 2014 0915
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CM City Clerk-City Council - Document Type
Staff Report
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9/15/2014
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8E Consent 2014 0915
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BayCAP2 <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 <br />with insurers with 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, <br />Contractor shall furnish City with complete copies of all Certificates of Liability <br />Insurance delivered to Contractor by the insurer, including complete copies of <br />all 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 Contractor beginning <br />work, it shall not waive the Contractor’s obligation to provide them. The City <br />reserves the right to require complete copies of all required insurance policies <br />at any time. <br /> <br />I.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and <br />obtain the written approval of City for the self-insured retentions and <br />deductibles before beginning any of the services or work called for by any term <br />of this Agreement. At the option of the City, either: the insurer shall reduce or <br />eliminate such deductibles or self-insured retentions as respects the City, its <br />officers, employees, and volunteers; or the Contractor shall provide a financial <br />guarantee satisfactory to the City guaranteeing payment of losses and related <br />investigations, claim administration and defense expenses. <br /> <br />I.3.4 Wasting Policies. No policy required by this Section I shall include a “wasting” <br />policy limit (i.e. limit that is eroded by the cost of defense). <br /> <br />I.3.5 Endorsement Requirements. Each insurance policy required by Section I 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 /> <br />I.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its <br />policies or shall furnish separate certificates and certified endorsements for <br />each subcontractor. All coverages for subcontractors shall be subject to all of <br />the requirements stated herein. <br /> <br />I.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide <br />or maintain any insurance policies or policy endorsements to the extent and within the <br />time herein required, City may, at its sole option exercise any of the following remedies, <br />which are alternatives to other remedies City may have and are not the exclusive <br />remedy for Contractor’s breach: <br /> <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 /> <br /> Order Contractor to stop work under this Agreement or withhold any payment that <br />becomes due to Contractor hereunder, or both stop work and withhold any <br /> <br /> Bay Area Charge Ahead Project 2 - Approval to Proceed | July 30, 2014 | page 10
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