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RecDoc 2020-065175
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RecDoc 2020-065175
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2/5/2021 4:59:19 PM
Creation date
2/5/2021 4:58:44 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
IA Broadaway Plaza
Doc Num
2020-065175
Rec Date
7/9/2020
Address
Bay Block CVS
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18.2 Workers' Compensation. Developer shall maintain Workers' <br />Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with <br />limits of at least One Million Dollars ($1,000,000). Developer shall submit to City, <br />along with the certificate of insurance, a Waiver of Subrogation endorsement in <br />favor of City, its officers, agents, employees, and volunteers. <br />18.3 Auto Liability. Developer shall provide auto liability coverage for <br />owned, non -owned, and hired autos using ISO Business Auto Coverage form CA <br />00 01, or the exact equivalent, with a limit of no less than One Million Dollars <br />($1,000,000) per accident. If Developer owns no vehicles, this requirement may <br />be met through a non -owned auto endorsement to the CGL policy. <br />18.4 Builder's Risk Insurance. Upon commencement of construction and <br />with approval of City, Developer shall obtain and maintain Builder's Risk/Course <br />of Construction insurance. Policy shall be provided for replacement value on an <br />"all-risk" basis. The City shall be named as Loss Payee on the policy and there <br />shall be no coinsurance penalty provision in any such policy. Policy must include: <br />(1) coverage for removal of debris, and insuring the buildings, structures, <br />machinery, equipment, materials, facilities, fixtures, and all other properties <br />constituting a part of the project; (2) coverage with limits sufficient to insure the full <br />replacement value of any property or equipment stored either on or off the project <br />site. Such insurance shall be on a form acceptable to City to ensure adequacy of <br />terms and limits. Developer shall not be required to maintain property insurance <br />for any portion of the Project following transfer of control thereof to City. <br />18.5 Contractors Pollution Liability. Pollution Coverage shall be provided <br />by Developer or its contractor(s) on a Contractors Pollution Liability form or other <br />form acceptable to City providing coverage for liability arising out of sudden, <br />accidental and gradual pollution and remediation. The policy limit shall be no less <br />than One Million Dollars ($1,000,000) per claim and in the aggregate. All activities <br />contemplated in this agreement shall be specifically scheduled on the policy as <br />"covered operations." The policy shall provide coverage for the hauling of waste <br />from the project site to the final disposal location, including non -owned disposal <br />sites. <br />18.6 Any deductibles or self-insured retentions must be declared to, and <br />approved by City. At the option of City either Developer's insurer will reduce the <br />deductibles to an amount not to exceed $100,000 or self-insured retentions with <br />respect to City, it's Council, commissions, boards, committees, officers, employees <br />and agents or Developer will procure a bond guaranteeing payment of losses and <br />related investigations, claim administration and defense expenses. <br />18.7 Concurrently with the execution of this Agreement, Developer shall <br />furnish City with certificates and copies of information or declaration pages of the <br />insurance required hereunder and, with respect to evidence of commercial general <br />liability and automobile liability insurance coverage: <br />REV: 05-22-2020 PR <br />ATTY/AGR.2020.082/Broadway Plaza - Bay Block (Page 10 of 25) <br />
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