|
to provide that the SIR may be satisfied by either the named Contractor/named insured or the
<br />City.
<br />1.04 Required Endorsements: The policies required under Document 00 7200 (General Conditions)
<br />and this Document 00 7316 (including any umbrella or excess liability policy(ies)) shall be
<br />endorsed as follows (excluding Workers Compensation insurance with respect to Paragraph A
<br />below):
<br />A. Policies shall be primary and non-contributory, and be endorsed using Insurance Services Office
<br />form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be
<br />additional insureds under such policies. For construction contracts, an endorsement providing
<br />completed operations to the additional insured, ISO form CG 20 37, is also required.
<br />B. Each such policy shall apply separately to each insured against whom claim is made or suit is
<br />brought, except with respect to the limit of the insurance company's liability required hereunder.
<br />Should any of the policies identified herein contain a "cross -suits" exclusion, such exclusion must
<br />not apply to any additional insureds.
<br />C. Waiver of Subrogation Generally; Worker's Compensation Insurance: Insurance shall contain a
<br />provision requiring the insurance carriers to waive their rights of subrogation against City and all
<br />additional insureds, as well as other insurance carriers for the Work. For Worker's Compensation
<br />Insurance, Contractor shall submit to City, along with the certificate of insurance, a Waiver of
<br />Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
<br />D. Insurance shall be primary to City and no other insurance or self-insured retention carried or held
<br />by City shall be called upon to contribute to a loss covered by insurance for the named insured.
<br />E. All endorsements shall include the applicable policy number, the named insured(s) and policy
<br />terms.
<br />F. Contractor or its insurance broker shall submit to City a copy of the "Declarations Page" for each
<br />policy identified under Paragraph 1.01 above. The Declarations Page shall include the name of
<br />the insurance carrier, the applicable policy number, the types of coverage and limits of insurance
<br />provided, the effective date(s) of the policy, the insurance broker's name and license number, and
<br />a list of all coverage farms and endorsements.
<br />1.05 Certificates of insurance and endorsements shall have clearly typed thereon City Contract
<br />Number and title of Contract Documents. Written notice of cancellation, non -renewal, or reduction
<br />in coverage of any policy shall be mailed to City (Attention: City Risk Manager / Purchasing
<br />Agent) at the address listed in Document 00 5200 (Agreement), 10 Days in advance of the
<br />effective date of the cancellation, non -renewal, or reduction in coverage. Written notice of
<br />cancellation for non-payment shall be mailed within 10 Days of cancellation. Contractor shall
<br />maintain all insurance in full force and effect during entire period of performance of Contract
<br />Documents, including warranty and guarantee periods. However, Contractor may discontinue All -
<br />Risk Course of Construction Insurance after Final Payment, and shall maintain General Liability
<br />Insurance throughout the entire Extended Term specified Paragraph 1.01 above. At time of
<br />making application for extension of time, and during all periods exceeding the Contract Time
<br />resulting from any cause, Contractor shall submit evidence that insurance policies will be in effect
<br />during requested additional period of time. Upon City's request, Contractor shall submit to City,
<br />within 30 Days, copies of the actual insurance policies or renewals or replacements.
<br />1.06 Contractor shall pay all insurance premiums, including any charges for required waivers of
<br />subrogation or the endorsement of additional insureds. If Contractor fails to maintain insurance,
<br />City may take out comparable insurance, and deduct and retain amount of premium from any
<br />sums due Contractor under Contract Documents, or require Contractor to reimburse City.
<br />1.07 If injury occurs to any employee of Contractor, Subcontractor or sub -subcontractor for which the
<br />employee, or the employee's dependents in the event of employee's death, is entitled to
<br />compensation from City under provisions of the Workers' Compensation Insurance and Safety
<br />Act, as amended, or for which compensation is claimed from City, City may retain out of sums
<br />due Contractor under Contract Documents, amount sufficient to cover such compensation, as
<br />fixed by the Act, as amended, until such compensation is paid, or until it is determined that no
<br />compensation is due. If City is compelled to pay compensation, City may, in its discretion, either
<br />ATTY/DOCS-AGREEMENTS/CONSTRUCTION AGREEMENTS/SUPPLEMENTARY CONDITIONS—INSURANCE AND INDEMNIFICATION
<br />REV: 06-11-19 PR
<br />Page 2 of 3
<br />007316-2
<br />
|