Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used). 2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested. 4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. If any of the required policies provide claims-made coverage: a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 16 contracts
Samples: Professional Services, Professional Services, Construction Contract
Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the ProviderContractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the ProviderConsultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-self- insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the ProviderConsultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Provider Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Provider Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-claims- made policy form with a Retroactive Date prior to the contract effective date, the Provider Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 2 contracts
Samples: Professional Services, Professional Services
Other Insurance Provisions. a) The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. i) The CityCity of Santa Xxxxx, its officers, officials, employees employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Contractor including materials, parts parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the ProviderContractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. ii) For any claims related to this project, the ProviderContractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees employees, or volunteers shall be excess of the ProviderContractor's insurance and shall not contribute with it.
3. iii) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled cancelled or reduced, except with notice stating the title of this contract Agreement to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider iv) Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Provider Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Provider Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. v) If any of the required policies provide claims-made coverage:
a. (1) The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. (3) If coverage is canceled cancelled or non-renewed, and not replaced with another claims-claims- made policy form with a Retroactive Date prior to the contract Agreement effective date, the Provider Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.five
Appears in 1 contract
Samples: Professional Services
Other Insurance Provisions. The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. : Additional Insured Status The CityCity of Stockton, its officers, officials, employees employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Contractor including materials, parts parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or of an endorsement to the ProviderContractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 38; and CG 20 37 forms if a later revisions are edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.
2” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract. Primary Coverage For any claims related to this projectcontract, the Provider's Contractor’s insurance coverage shall be primary insurance coverage and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the CityCity of Stockton, its officers, officials, employees employees, and volunteers. Any insurance or self-insurance maintained by the CityCity of Stockton, its officers, officials, employees employees, or volunteers shall be excess of the Provider's Contractor’s insurance and shall not contribute with it.
3. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured. Umbrella or Excess Policy The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted. Notice of Cancellation Each insurance policy required by this clause above shall be endorsed to state provide that coverage shall not be canceled or reducedcanceled, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this AgreementStockton. Notice may be given by overnight mail, facsimile with confirmation Waiver of receipt, or certified mail with return-receipt requested.
4. Provider Subrogation Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Provider Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this This provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
5Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton. Claims Made Policies If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Standard Agreement
Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, contain the following provisions:
1. The City) CITY, its officers, officialsagents, employees employees, and volunteers are to be covered as additional insureds insured on the CGL policy an endorsement at least as broad as an ISO CG 20 10 (or as an Additional Covered Party as noted on Contractor’s insurance certificate) with respect to liability to: Liability arising out of work or activities and operations performed by or on behalf of the Provider including materialsCONTRACTOR pursuant to this AGREEMENT and premises owned, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33occupied, or CG 20 38 and CG 20 37 forms if later revisions are used)used by CONTRACTOR. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.
2. For any claims related to this project, the Provider) CONTRACTOR's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Citywith respect to CITY, its officers, officials, employees employees, and volunteers. Any insurance insurance, risk pooling arrangement, or self-insurance maintained by the CityCITY, its officers, officials, employees employees, or volunteers shall be in excess of the ProviderCONTRACTOR's insurance and shall not contribute with it.
3. Each ) Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
4) The insurance policy CONTRACTOR is required by to obtain hereunder shall provide coverage for CONTRACTOR’s liabilities under this clause AGREEMENT, including but not limited to CONTRACTOR’s obligations under Section 9.
5) The aforementioned policies shall be endorsed to state that coverage shall not be canceled issued by an insurance carrier having a rating of Best A:VII or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given better which is satisfactory to the City representative listed for notice in this agreement Attorney and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained CITY’s Pooling Authority and evidence of said insurance must shall be provided for delivered to CITY at least five (5) years after completion the time of the contract execution of work.
c. If coverage is canceled this AGREEMENT or non-renewedas provided below. In lieu of actual delivery of such policies, a Certificate issued by the insurance carrier showing such policy to be in force for the period covered by the AGREEMENT may be delivered to CITY. Except for worker's compensation and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective dateprofessional liability insurance, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.policies
Appears in 1 contract
Samples: Agreement for Services
Other Insurance Provisions. The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. : ADDITIONAL INSURED STATUS The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Consultant including materials, parts parts, or equipment furnished in connection with such work or operations. General liability coverage can will be provided in the form or of an endorsement to the ProviderConsultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 10 and CG 20 37 forms (if a later revisions are edition is used).
2. PRIMARY COVERAGE For any claims related to this projectagreement, the Provider's Consultant’s insurance coverage shall will be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees employees, or volunteers shall will be excess of the Provider's Consultant’s insurance and shall will not contribute with it.
3. NOTICE OF CANCELLATION Each insurance policy required by this clause above shall be endorsed to state that the coverage shall not be canceled or reducedcanceled, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider WAIVER OF SUBROGATION Consultant hereby grants to the City a waiver of any right to subrogation which any insurer of said Provider Consultant may acquire against the City by virtue of the payment of any loss loss, including attorney’s fees under such insurance. Provider Consultant agrees to obtain any endorsement that may be necessary to affect effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. The Worker’s Compensation policy will be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity. CLAIMS MADE POLICIES If any of the required policies provide coverage on a claims-made coveragebasis:
a. 1. The Retroactive Date must be shown, shown and must be before the date of the contract or the beginning of contract work.
b. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.. VERIFICATION OF COVERAGE Consultant will furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide
Appears in 1 contract
Samples: Professional Services
Other Insurance Provisions. The commercial general liability and automobile All liability policies are to contain, or be endorsed to contain, the following provisions:
1. The CityCITY, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider SUBRECIPIENT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the ProviderSUBRECIPIENT’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the ProviderSUBRECIPIENT's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CityCITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CityCITY, its officers, officials, employees or volunteers shall be in excess of the ProviderSUBRECIPIENT's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the CityCITY. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider SUBRECIPIENT hereby grants to City the CITY a waiver of any right to subrogation which any insurer of said Provider SUBRECIPIENT may acquire against the City CITY by virtue of the payment of any loss under such insurance. Provider SUBRECIPIENT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City CITY has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider SUBRECIPIENT must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Community Development Block Grant Program Public Services Funding Contract
Other Insurance Provisions. The commercial general required aircraft liability and automobile liability other applicable insurance policies are to contain, or be endorsed to contain, contain the following provisions:
1. The CityCity of Petaluma, its officers, officials, employees employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to as respects: liability arising out of work or operations activities performed by or on behalf of the Provider including materialsLessee; products and completed operations of the Lessee; premises owned, parts occupied or equipment furnished in connection with such work or operationsused by the Lessee. General liability The coverage can be provided in shall contain no special limitations on the form or an endorsement scope of protection afforded to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 City of Petaluma and its officers, officials, employees, agents or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used)volunteers.
2. For any claims related to this projectAgreement, the Provider's Lessee’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CityCity of Petaluma, its officers, officials, employees employees, agents and volunteers. Any insurance or self-insurance maintained Hangar Lease Agreement (iManage #819650v6) June 2013 by the CityCity of Petaluma, and/or its officers, officials, employees employees, agents or volunteers shall be excess of the Provider's Lessee’s insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Petaluma, and its officers, officials, employees, agents or volunteers.
4. The Lessee’s insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer’s liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or reduced, in limits except with after thirty (30) days’ prior written notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be by mail has been given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requestedPetaluma.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Hangar Lease Agreement
Other Insurance Provisions. 1. The commercial general liability and automobile liability General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
1. a. The City, its officers, officials, employees employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Company including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or of an endorsement to the ProviderCompany’s insurance (at least as broad as ISO Form CG 20 10 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 38; and CG 20 37 forms if later revisions are used).
2. b. For any claims related to this project, the Provider's Company’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees employees, agents, or volunteers shall be excess of the Provider's Company’s insurance and shall not contribute with it.
3. c. Each insurance policy required by this clause above shall be endorsed to state provide that coverage shall not be canceled or reducedcanceled, except with notice stating the title of this contract to the City.
2. All notices provided The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Company pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice This coverage may also be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requestedprovided on the Contractors Pollution Liability policy.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
53. If any of the required policies provide General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made coverageform:
a. The Retroactive Date retroactive date must be shown, and must be before the date of the contract this Agreement or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date retroactive date prior to the contract effective date, the Provider Company must purchase “an extended reporting” period coverage for a minimum of five (5) years after completion of contract work.
d. A copy of the claims reporting requirements must be submitted to the City for review.
e. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Appears in 1 contract
Samples: Exclusive Franchise Agreement
Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The CityCITY, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider SUBRECIPIENT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the ProviderSUBRECIPIENT’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the ProviderSUBRECIPIENT's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CityCITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CityCITY, its officers, officials, employees or volunteers shall be excess of the ProviderSUBRECIPIENT's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the CityCITY. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider SUBRECIPIENT hereby grants to City CITY a waiver of any right to subrogation which any insurer of said Provider SUBRECIPIENT may acquire against the City CITY by virtue of the payment of any loss under such insurance. Provider SUBRECIPIENT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City CITY has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider SUBRECIPIENT must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Community Development Block Grant Program Public Services Funding Contract
Other Insurance Provisions. The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. : Additional Insured Status The CityCity of Stockton, its officers, officials, employees employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Contractor including materials, parts parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or of an endorsement to the ProviderContractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 38; and CG 20 37 forms if a later revisions are edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.
2” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract. Primary Coverage For any claims related to this projectcontract, the Provider's Contractor’s insurance coverage shall be primary insurance coverage and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the CityCity of Stockton, its officers, officials, employees employees, and volunteers. Any insurance or self-insurance maintained by the CityCity of Stockton, its officers, officials, employees employees, or volunteers shall be excess of the Provider's Contractor’s insurance and shall not contribute with it.
3. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured. Umbrella or Excess Policy The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted. Notice of Cancellation Each insurance policy required by this clause above shall be endorsed to state provide that coverage shall not be canceled or reducedcanceled, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this AgreementStockton. Notice may be given by overnight mail, facsimile with confirmation Waiver of receipt, or certified mail with return-receipt requested.
4. Provider Subrogation Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Provider Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Provider Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton. Claims Made Policies (Professional & Pollution only) If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Standard Agreement
Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the ProviderConsultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the ProviderConsultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the ProviderConsultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Provider Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Provider Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-claims- made policy form with a Retroactive Date prior to the contract effective date, the Provider Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Professional Services
Other Insurance Provisions. The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. : Additional Insured Status The CityCity of Stockton, its officers, officials, employees employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Contractor including materials, parts parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or of an endorsement to the ProviderContractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 38; and CG 20 37 forms if a later revisions are edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.
2” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract. Primary Coverage For any claims related to this projectcontract, the Provider's Contractor’s insurance coverage shall be primary insurance coverage and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the CityCity of Stockton, its officers, officials, employees employees, and volunteers. Any insurance or self-insurance maintained by the CityCity of Stockton, its officers, officials, employees employees, or volunteers shall be excess of the Provider's Contractor’s insurance and shall not contribute with it.
3. Each This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance policy coverage to the sole negligence of the Named Insured. Umbrella or Excess Policy The Contractor may use Umbrella or Excess Policies to provide the liability limits as required by in this clause agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be endorsed provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to state that coverage shall not be canceled or reduceda loss covered hereunder, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given called upon to contribute to a loss until the City representative listed for notice in this agreement Contractor’s primary and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requestedexcess liability policies are exhausted.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Standard Agreement
Other Insurance Provisions. The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. : Additional Insured Status The CityCity of Stockton, its officers, officials, employees employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Contractor including materials, parts parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or of an endorsement to the ProviderContractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 38; and CG 20 37 forms if a later revisions are edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.
2” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract. Primary Coverage SAMPLE For any claims related to this projectcontract, the Provider's Contractor’s insurance coverage shall be primary insurance coverage and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the CityCity of Stockton, its officers, officials, employees employees, and volunteers. Any insurance or self-insurance maintained by the CityCity of Stockton, its officers, officials, employees employees, or volunteers shall be excess of the Provider's Contractor’s insurance and shall not contribute with it.
3. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured. Umbrella or Excess Policy The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted. Notice of Cancellation Each insurance policy required by this clause above shall be endorsed to state provide that coverage shall not be canceled or reducedcanceled, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this AgreementStockton. Notice may be given by overnight mail, facsimile with confirmation Waiver of receipt, or certified mail with return-receipt requested.
4. Provider Subrogation Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Provider Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Provider Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions SAMPLE Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton. Claims Made Policies (Professional/ Errors and Omissions only) If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Standard Agreement
Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reducedorreduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be Agreementshallbe given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be maybe given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees Provideragrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Professional Services
Other Insurance Provisions. The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. : • ADDITIONAL INSURED STATUS The City, its officers, officials, employees agents, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Consultant including materials, parts parts, or equipment furnished in connection with such work or operations. General liability coverage can will be provided in the form or of an endorsement to the ProviderConsultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 10 and CG 20 37 forms if later revisions are used).
2. • PRIMARY COVERAGE For any claims related to this projectagreement, the Provider's Consultant’s insurance coverage shall will be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees agents, employees, and volunteers. Any insurance or self-self- insurance maintained by the City, its officers, officials, employees agents, employees, or volunteers shall will be excess of the Provider's Consultant’s insurance and shall will not contribute with it.
3. • NOTICE OF CANCELLATION Each insurance policy required by this clause above shall be endorsed to state that coverage shall not be canceled or reducedcanceled, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider • WAIVER OF SUBROGATION Consultant hereby grants to the City a waiver of any right to subrogation which any insurer of said Provider Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Provider Consultant agrees to obtain any endorsement that may be necessary to affect effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. The Worker’s Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Consultant, its employees, agents, and subcontractors. • DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City. The City may at its option allow the Consultant to purchase coverage with a lower deductible or retention, or require the Consultant to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. • ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. • CLAIMS MADE POLICIES If any of the required policies polices provide coverage on a claims-made coveragebasis:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Professional Services
Other Insurance Provisions. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown above in section B, the City of Santa Xxxx requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Xxxx. The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, comply with the following provisions:
1. : • Additional Insured Status The City, its officers, officials, employees employees, agents, and volunteers are to be covered as additional insureds on the CGL policy CGL,CPL, and automobile insurance policies with respect to liability arising out of work or operations performed by or on behalf of the Provider Consultant including materials, parts parts, or equipment furnished in connection with such work or operations. General liability coverage can will be provided in the form or of an endorsement to the ProviderConsultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 85, or if not available, through the addition of both CG 20 10, 10 CG 20 26, CG 20 33, or CG 20 38 38; and CG 20 37 forms (if a later revisions are edition is used).
2. • Primary Coverage For any claims related to this projectAgreement, the Provider's Consultant’s insurance coverage shall will be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees employees, agents, or volunteers shall will be excess of the Provider's Consultant’s insurance and shall will not contribute with it.
3. • Notice of Cancellation Each insurance policy required by this clause above shall be endorsed to state that the coverage shall not be canceled or reducedcanceled, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title • Waiver of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider Subrogation Consultant hereby grants to the City a waiver of any right to subrogation subrogation, except as otherwise not applicable, which any insurer of said Provider Consultant may acquire against the City by virtue of the payment of any loss loss, including attorney’s fees under such insurance. Provider Consultant agrees to obtain any endorsement that may be necessary to affect effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. • Excess Liability/Umbrella Insurance Policies The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance. The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance. • Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. • Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City. • Claims made policies If any of the required policies provide coverage on a claims-made coveragebasis:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Professional Services
Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the ProviderContractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the ProviderContractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the ProviderContractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Provider Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Provider Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-claims- made policy form with a Retroactive Date prior to the contract effective date, the Provider Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Professional Services
Other Insurance Provisions. The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, comply with the following provisions:
1. : • Additional Insured Status The City, its officers, officials, employees employees, agents, and volunteers are to be covered as additional insureds on the CGL policy [,CPL, and automobile insurance (if transporting hazardous materials] policy(ies) with respect to liability arising out of work or operations performed by or on behalf of the Provider Consultant including materials, parts parts, or equipment furnished in connection with such work or operations. General liability coverage can will be provided in the form or of an endorsement to the ProviderConsultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 85, or if not available, through the addition of both CG 20 10, 10 CG 20 26, CG 20 33, or CG 20 38 38; and CG 20 37 forms (if a later revisions are edition is used).
2. • Primary Coverage For any claims related to this projectAgreement, the Provider's Consultant’s insurance coverage shall will be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees employees, agents, and volunteers. Any insurance or self-self- insurance maintained by the City, its officers, officials, employees employees, agents, or volunteers shall will be excess of the Provider's Consultant’s insurance and shall will not contribute with it.
3. • Notice of Cancellation Each insurance policy required by this clause above shall be endorsed to state that the coverage shall not be canceled or reducedcanceled, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title • Waiver of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider Subrogation Consultant hereby grants to the City a waiver of any right to subrogation subrogation, except as otherwise not applicable, which any insurer of said Provider Consultant may acquire against the City by virtue of the payment of any loss loss, including attorney’s fees under such insurance. Provider Consultant agrees to obtain any endorsement that may be necessary to affect effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. • Excess Liability/Umbrella Insurance Policies The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance. The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance. • Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. • Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City. • Claims made policies If any of the required policies provide coverage on a claims-made coveragebasis:
a. 1. The Retroactive Date must be shown, shown and must be before the date of the contract or the beginning of contract work.
b. 2. Insurance must be maintained maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • Verification of Coverage Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL [,CPL, and automobile] Policy(ies) listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Appears in 1 contract
Samples: Professional Services
Other Insurance Provisions. The commercial general liability Commercial General Liability and automobile liability Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to Insureds as respects: liability arising out of work or operations as performed by or on behalf of the Provider including materialsContractor; or automobiles owned, parts leased, hired or equipment furnished in connection with such work or operations. General liability coverage can be provided in borrowed by the form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used)Contractor.
2. For any claims related to this project, the Provider's Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Provider's Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reducedby either party, except with unless thirty (30) days prior written notice stating the title of this contract by certified mail, return receipt requested, has been given to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider hereby grants The Worker’s Compensation endorsement shall contain a Waiver of Subrogation against the City. The Contractor shall provide to the City a waiver an endorsement from the Worker’s Compensation insurer, if any, agreeing to waive all rights of any right to subrogation which any insurer of said Provider may acquire against the City by virtue for injuries to employees of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not Insured resulting from work for the City has received a waiver or use of subrogation endorsement from the insurerCity’s premises or facilities.
5. If any The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be benefit of City (if agreed to in a written contract or agreement) before the date of the contract City’s own insurance or the beginning of contract workself-insurance shall be called upon to protect City as a named insured.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Service Agreement
Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. ) The CityCity of Temecula, its the Temecula Community Services District, the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to insured’s, as respects: liability arising out of work or operations activities performed by or on behalf of the Provider including materialsContractor; products and completed operations of the Contractor; premises owned, parts occupied or equipment furnished in connection with such work used by the Contractor; or operationsautomobiles owned, leased, hired or borrowed by the Contractor. General liability The coverage can be provided in shall contain no special limitations on the form or an endorsement scope of protection afforded to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used)volunteers.
2. ) For any claims related to this project, the ProviderContractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CityCity of Temecula, its the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance insured maintained by the CityCity of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the ProviderContractor's insurance and shall not contribute with it.
3. ) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this clause agreement shall be endorsed to state that coverage shall not in substantial conformance to the following: If the policy will be canceled or reduced, except with notice stating before the title of this contract to expiration date the City. All notices provided pursuant to this Agreement shall be given insurer will notify in writing to the City representative listed for notice in this agreement and shall specify of such cancellation not less than thirty (30) days’ prior to the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requestedcancellation effective date.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. 6) If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or, reduced in coverage or non-renewedin limits the Consultant shall within two (2) business days of notice from insurer phone, and not replaced with another claims-made policy form with a Retroactive Date prior fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of workpolicy.
Appears in 1 contract
Samples: Insurance Agreement
Other Insurance Provisions. The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. : ADDITIONAL INSURED STATUS The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Consultant including materials, parts parts, or equipment furnished in connection with such work or operations. General liability coverage can will be provided in the form or of an endorsement to the ProviderConsultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 10 and CG 20 37 forms (if a later revisions are edition is used).
2. PRIMARY COVERAGE For any claims related to this projectagreement, the Provider's Consultant’s insurance coverage shall will be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees employees, or volunteers shall will be excess of the Provider's Consultant’s insurance and shall will not contribute with it.
3. NOTICE OF CANCELLATION Each insurance policy required by this clause above shall be endorsed to state that the coverage shall not be canceled or reducedcanceled, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider WAIVER OF SUBROGATION Consultant hereby grants to the City a waiver of any right to subrogation which any insurer of said Provider Consultant may acquire against the City by virtue of the payment of any loss loss, including attorney’s fees under such insurance. Provider Consultant agrees to obtain any endorsement that may be necessary to affect effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. The Worker’s Compensation policy will be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity. CLAIMS MADE POLICIES If any of the required policies provide coverage on a claims-made coveragebasis:
a. 1. The Retroactive Date must be shown, shown and must be before the date of the contract or the beginning of contract work.
b. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. VERIFICATION OF COVERAGE Consultant will furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Appears in 1 contract
Samples: Professional Services
Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The CityCity of Garden Grove and its councilmembers, its officers, officials, employees employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to to: liability arising out of work or operations activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the Provider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement scope of protection afforded to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10City of Garden Grove and its councilmembers, CG 20 26board members, CG 20 33officers, officials, employees, agents, or CG 20 38 and CG 20 37 forms if later revisions are used)volunteers.
2. For any claims related to this projectAgreement, the ProviderConsultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CityCity and its councilmembers, its officers, officials, employees employees, agents, and volunteers. Any insurance or self-insurance maintained by the CityCity of Garden Grove and its councilmembers, its board members, officers, officials, employees or employees, agents, and volunteers shall be in excess of the ProviderConsultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties shall not affect coverage provided to the City and its respective councilmembers, board members, officers, officials, employees, agents, and volunteers.
4. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause Section shall be endorsed to state that coverage shall not be canceled suspended, voided, cancelled by either party, reduced in coverage or reducedin limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been provided to City.
6. Consultant agrees to ensure that subcontractors, and any other parties involved with notice stating the title project who are brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this contract Section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requestedreview.
4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
57. If any of Consultant maintains higher insurance limits than the required policies minimums shown above, Consultant shall provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of workthe higher insurance limits otherwise maintained by the Consultant.
Appears in 1 contract
Samples: Professional Services
Other Insurance Provisions. The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. : Additional Insured Status The CityCity of Stockton, its officers, officials, employees employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Contractor including materials, parts parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or of an endorsement to the ProviderContractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 38; and CG 20 37 forms if a later revisions are edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.
2” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract. Primary Coverage SAMPLE For any claims related to this projectcontract, the Provider's Contractor’s insurance coverage shall be primary insurance coverage and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the CityCity of Stockton, its officers, officials, employees employees, and volunteers. Any insurance or self-insurance maintained by the CityCity of Stockton, its officers, officials, employees employees, or volunteers shall be excess of the Provider's Contractor’s insurance and shall not contribute with it.
3. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured. Umbrella or Excess Policy The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted. Notice of Cancellation Each insurance policy required by this clause above shall be endorsed to state provide that coverage shall not be canceled or reducedcanceled, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this AgreementStockton. Notice may be given by overnight mail, facsimile with confirmation Waiver of receipt, or certified mail with return-receipt requested.
4. Provider Subrogation Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Provider Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Provider Contractor agrees to obtain any REV 2022-05-17 endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions SAMPLE Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton. Claims Made Policies (Professional & Pollution only) If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Standard Agreement
Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the ProviderContractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the ProviderContractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the ProviderContractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Provider Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Provider Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Provider Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Provider Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Appears in 1 contract
Samples: Professional Services