Non_Professional_Agreement_Between_the_City_Of_SL_&__Therma

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Non-Professional Services Agreement between City of San Leandro and Therma Page 9 of 19 4.3.1 General Requirements. Contractor shall cause to be taken out and maintain in the name of the City and the Contractor until final completion and acceptance of the project: All Builder’s Risk Insurance, including but not limited to coverage against loss or damage to the project by fire an d lightening, extended coverage, vandalism, malicious mischief, flood, earthquake, and collapse; said extended coverage shall cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke, and other such hazards as are normally covered by such coverage. Such insurance (except the earthquake and flood coverage in the event that they are not fully or reasonably available) shall be in an amount equal to the replacement cost (without deduction for depreciation and subject to stipulated v alue in lieu of average clause) of all structures constituting any part of the work, excluding the cost of excavations, of grading, and of filling of the land, and except that such insurance (except earthquake and flood insurance) may be subject to deductible clauses not to exceed $10,000 for any one loss. Earthquake and flood insurance may be subject to deductible clauses not to exceed five percent (5%) of such replacement cost for any one loss. Such insurance will not cover loss or damage to the Contractor’s equipment, scaffolding, or other materials not to be consumed in the construction of the project. The Contractor shall obtain from the insurer a waiver of subrogation endorsement for losses caused by fire or other perils to the extent covered by this insurance. Contractor shall pay any extra premium required therefore. 4.4 All Policies Requirements. 4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature o f a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). Docusign Envelope ID: F483A0C8-A8D1-8730-82ED-F11CFC7340C9