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Last modified
9/29/2025 4:29:14 PM
Creation date
9/26/2022 12:32:26 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
9/6/2022
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Reso 2022-143 NPSA Rubicon Amendment No. 6
(Amended)
Path:
\City Clerk\City Council\Resolutions\2022
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4.3 .2 Verification of Coverage. Prior to beginning any work under this Agreement, <br />Contractor shall furnish City with complete copies of all Certificates of Liab il ity <br />Insurance delivered to Contractor 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 Contractor beginning work, <br />it shall not waive the Contractor's obligation to provide them. The City reserves <br />the right to require complete copies of all required insurance policies at any time . <br />4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and <br />obtain the written approval of City for the self-insured retentions and 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 Contractor shall provide a financial guarantee <br />satisfactory to the City guaranteeing payment of losses and related investigations , <br />claim administration and defense expenses. <br />4.3 .4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" <br />policy limit (i.e . limit that is eroded by th e cost of de fense). <br />4.3.5 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 />4.3.6 Subcontractors. Contractor 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 />4.4 Remedies . In addition to any other remedies City may hav e if Contractor 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 />Contractor'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 />• 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 payment, <br />until Contractor demonstrates compliance with the requirements hereof; and/or <br />Non-Professional Services Agreement between City of San Leandro and Rubicon Enterprises, Inc. for <br />Citywide Turf Maintenance Services <br />Page 8 of 15
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