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Non-Professional Services Agreement between April 30, 2021 <br />City of San Leandro and Denali Water Solutions Page 7 of 14 <br /> <br />4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with <br />insurers with a Bests' rating of no less than A:VII. <br /> <br />4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor <br />shall furnish City with complete copies of all Certificates of Liability Insurance delivered to <br />Contractor by the insurer, including complete copies of all endorsements attached to the <br />policies. All copies of Certificates of Liability Insurance and certified endorsements shall <br />show the signature of a person authorized by that insurer to bind coverage on its behalf. <br />If the City does not receive the required insurance documents prior to the Contractor <br />beginning 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 at any time. <br /> <br />4.4.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the <br />written approval of City for the self-insured retentions and deductibles before beginning <br />any of the services or work called for by any term of this Agreement. At the option of the <br />City, either: the insurer shall reduce or eliminate such deductibles or self-insured <br />retentions as respects the City, its officers, employees, and volunteers; or the Contractor <br />shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses <br />and related investigations, claim administration and defense expenses. <br /> <br />4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy <br />limit (i.e. limit that is eroded by the cost of defense). <br /> <br />4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be <br />endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior <br />written notice has been provided to the City. <br /> <br />4.4.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies <br />or shall furnish separate certificates and certified endorsements for each subcontractor. <br />All coverages for subcontractors shall be subject to all of the requirements stated herein. <br /> <br />4.5 Submittal of Proof of Insurance Coverage. All certificates of insurance and original <br />endorsements effecting coverage required in this Section 4 must be electronically submitted <br />through the City’s online insurance document management program, PINS Advantage. Contractor <br />shall comply with all requirements provided by City related to the PINS Advantage program. <br /> <br />4.6 Remedies. In addition to any other remedies City may have if Contractor fails to provide or <br />maintain any insurance policies or policy endorsements to the extent and within the time herein <br />required, City may, at its sole option exercise any of the following remedies, which are alternatives <br />to other remedies City may have and are not the exclusive remedy for Contractor’s breach: <br /> <br />§ Obtain such insurance and deduct and retain the amount of the premiums for such insurance <br />from any sums due under the Agreement; <br /> <br />§ Order Contractor to stop work under this Agreement or withhold any payment that becomes <br />due to Contractor hereunder, or both stop work and withhold any payment, until Contractor <br />demonstrates compliance with the requirements hereof; and/or <br /> <br />§ Terminate this Agreement. <br /> <br />DocuSign Envelope ID: ACFAA43E-5065-4C20-96F7-B9977B5F8BA6DocuSign Envelope ID: AAC549E2-4145-4781-8FBF-FD7A6A07A76B