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<br />Non-Professional Services Agreement between <br />City of San Leandro and GARLAND/DBS, INC. Page 8 of 17 <br />of filling of the land, and except that such insurance (except earthquake and flood insurance) may be <br />subject to deductible clauses not to exceed $10,000 for any one loss. Earthquake and flood insurance may <br />be subject to deductible clauses not to exceed five percent (5%) of such replacement cost for any one loss. <br />Such insurance will not cover loss or damage to the Contractor’s equipment, scaffolding, or other materials <br />not to be consumed in the construction of the project. <br /> <br />The Contractor shall obtain from the insurer a waiver of subrogation endorsement for losses caused by fire or <br />other perils to the extent covered by this insurance. Contractor shall pay any extra premium required <br />therefore. <br /> <br />4.4 All Policies Requirements. <br /> <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 /> <br />4.4.2 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 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 /> <br />4.4.3 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 /> <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 /> <br />4.4.5 Endorsement Requirements. Each insurance policy required by Section <br />4 shall be endorsed to state that coverage shall not be canceled by either party, <br />except after 30 days’ prior written notice has been provided to the City. <br /> <br />4.4.6 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 /> <br />Docusign Envelope ID: 63402776-1199-42D7-87E8-649840160918