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<br />Non-Professional Services Agreement between August 8, 2024 <br />City of San Leandro and Garland/DBS Inc. Page 8 of 17 <br />All Builder’s Risk Insurance, including but not limited to coverage against loss or damage <br />to the project by fire and lightening, extended coverage, vandalism, malicious mischief, <br />flood, earthquake, and collapse; said extended coverage shall cover loss or damage by <br />explosion, windstorm, riot, aircraft, vehicle damage, smoke, and other such hazards as <br />are normally covered by such coverage. Such insurance (except the earthquake and <br />flood coverage in the event that they are not fully or reasonably available) shall be in an <br />amount equal to the replacement cost (without deduction for depreciation and subject to <br />stipulated value in lieu of average clause) of all structures constituting any part of the <br />work, excluding the cost of excavations, of grading, and of filling of the land, and except <br />that such insurance (except earthquake and flood insurance) may be subject to <br />deductible clauses not to exceed $10,000 for any one loss. Earthquake and flood <br />insurance may be subject to deductible clauses not to exceed five percent (5%) of such <br />replacement cost for any one loss. Such insurance will not cover loss or damage to the <br />Contractor’s equipment, scaffolding, or other materials not to be consumed in the <br />construction of the project. <br /> <br />The Contractor shall obtain from the insurer a waiver of subrogation endorsement for <br />losses caused by fire or other perils to the extent covered by this insurance. Contractor <br />shall pay any extra premium required therefore. <br /> <br /> <br /> <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 />Docusign Envelope ID: 23D71AEE-659C-4B6B-8D08-6EB3E43824A2