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Res17 15621
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Res17 15621
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Last modified
10/16/2017 9:54:24 AM
Creation date
10/16/2017 9:51:40 AM
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CC Index
CC Index - Document Type
Resolution
Agency Type
City Council
Date
9/25/2017
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automobile policies required hereunder shall name the Indemnitees as additional insureds. <br /> Builder's Risk and property insurance shall name City as loss payee as its interests may appear. <br /> (g) Prior to commencement of construction work, Developer shall furnish City <br /> with certificates of insurance in form acceptable to City evidencing the required insurance <br /> coverage and duly executed endorsements evidencing such additional insured status. The <br /> certificates shall contain a statement of obligation on the part of the carrier to notify City of any <br /> material adverse change, cancellation, termination or non-renewal of the coverage at least thirty <br /> (30) days in advance of the effective date of any such material adverse change, cancellation, <br /> termination or non-renewal. Upon City's request, Developer shall furnish complete copies of all <br /> insurance policies required under this Agreement. <br /> The additional insured endorsements for the general liability coverage shall use <br /> Insurance Services Office (ISO) Form No. CG 20 09 11 85 or CG 20 10 11 85, or equivalent, <br /> including (if used together) CG 2010 10 01 and CG 2037 10 01 ; but shall not use the following <br /> forms: CG 20 10 10 93 or 03 94. Upon request by City's Risk Manager, Developer shall provide <br /> or arrange for the insurer to provide within thirty (30) days of the request, certified copies of the <br /> actual insurance policies or relevant portions thereof <br /> (h) If any insurance policy or coverage required hereunder is canceled or <br /> reduced, Developer shall, within five (5) days after receipt of notice of such cancellation or <br /> reduction in coverage, but in no event later than the effective date of cancellation or reduction, file <br /> with City a certificate showing that the required insurance has been reinstated or provided through <br /> another insurance company or companies. Upon failure to so file such certificate, City may, <br /> without further notice and at its option, procure such insurance coverage at Developer' s expense, <br /> and Developer shall promptly reimburse City for such expense upon receipt of billing from City. <br /> (i) Coverage provided by Developer shall be primary insurance and shall not be <br /> contributing with any insurance, or self-insurance maintained by City, and the policies shall so <br /> provide. The insurance policies shall contain a waiver of subrogation for the benefit of the City. <br /> Developer shall furnish the required certificates and endorsements to City prior to the <br /> commencement of construction of the Project, and shall provide City with certified copies of the <br /> required insurance policies upon request of City. <br /> 0) Deductibles/Retentions. Any deductibles or self-insured retentions shall be <br /> declared to, and be subject to approval by, City's Risk Manager. At the option of and upon request <br /> by City' s Risk Manager if the Risk Manager determines that such deductibles or retentions are <br /> unreasonably high, either the insurer shall reduce or eliminate such deductibles or self-insurance <br /> retentions as respects the Indemnitees or Developer shall procure a bond guaranteeing payment of <br /> losses and related investigations, claims administration and defense expenses. <br /> (k) Adjustments. The limits of the liability coverage and, if necessary, the <br /> terms and conditions of insurance, shall be reasonably adjusted from time to time (not less than <br /> every five (5) years after the Effective Date nor more than once in every three (3) year period) to <br /> meet any change of circumstance, including, but not limited to, changes in inflation and the <br /> litigation climate in California. City shall give written notice to Developer of any such <br /> adjustments, and Developer shall provide City with amended or new insurance certificates or <br /> ATY/AGR/2017.218/RWC — BRADFORD — DDA <br /> REV: 09-18-17 VR <br /> Page 40 of 94 <br />
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