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Construction Services Agreement
<br />REV: 04-26-2021 PR
<br />00 5205 - 16
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<br />All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the
<br />coverage limits. Insurance policies containing an SIR provision shall provide or be endorsed to
<br />provide that the SIR may be satisfied by either the named Contractor/named insured or the City.
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<br />7. Insurance policies in Appendix C shall contain an endorsement containing the following terms:
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<br />7.01 Policies shall be primary and non-contributory, and be endorsed using Insurance Services
<br />Office form CG 20 10 to provide that City and its officers, officials, employees, and agents
<br />shall be additional insureds under such policies. For construction contracts, an
<br />endorsement providing completed operations to the additional insured, ISO form CG 20
<br />37, is also required.
<br />7.02 Each such policy shall apply separately to each insured against whom claim is made or
<br />suit is brought, except with respect to the limit of the insurance company’s liability required
<br />hereunder. Should any of the policies identified herein contain a “cross-suits” exclusion,
<br />such exclusion must not apply to any additional insureds.
<br />7.03 Waiver of Subrogation Generally; Worker’s Compensation Insurance: Insurance shall
<br />contain a provision requiring the insurance carriers to waive their rights of subrogation
<br />against City and all additional insureds, as well as other insurance carriers for the Work.
<br />For Worker’s Compensation Insurance, Contractor shall submit to City, along with the
<br />certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers,
<br />agents, employees, and volunteers.
<br />7.04 Insurance shall be primary to City and no other insurance or self-insured retention carried
<br />or held by City shall be called upon to contribute to a loss covered by insurance for the
<br />named insured.
<br />7.05 All endorsements shall include the applicable policy number, the named insured(s) and
<br />policy terms.
<br />7.06 Contractor or its insurance broker shall submit to City a copy of the “Declarations Page” for
<br />each policy identified under Paragraph 1.01 above. The Declarations Page shall include
<br />the name of the insurance carrier, the applicable policy number, the types of coverage and
<br />limits of insurance provided, the effective date(s) of the policy, the insurance broker’s name
<br />and license number, and a list of all coverage forms and endorsements.
<br />8. Certificates of insurance and endorsements shall have clearly typed thereon the title of Contract
<br />Documents. Written notice of cancellation, non-renewal, or reduction in coverage of any policy shall
<br />be mailed to City (Attention: City Risk Manager / Purchasing Agent) at the address listed in
<br />Document 00 5200 (Agreement), 10 Days in advance of the effective date of the cancellation, non-
<br />renewal, or reduction in coverage. Written notice of cancellation for non-payment shall be mailed
<br />within 10 Days of cancellation. Contractor shall maintain all insurance in full force and effect during
<br />entire period of performance of Contract Documents, including warranty and guarantee periods.
<br />However, Contractor may discontinue All-Risk Course of Construction Insurance after Final
<br />Payment, and shall maintain General Liability Insurance throughout the entire Extended Term
<br />specified Paragraph 1.01 above. At time of making application for extension of time, and during all
<br />periods exceeding the Contract Time resulting from any cause, Contractor shall submit evidence
<br />that insurance policies will be in effect during requested additional period of time. Upon City’s
<br />request, Contractor shall submit to City, within 30 Days, copies of the actual insurance policies or
<br />renewals or replacements.
<br />9. 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 sums
<br />due Contractor under Contract Documents, or require Contractor to reimburse City.
<br />10. 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 Act,
<br />as amended, or for which compensation is claimed from City, City may retain out of sums due
<br />Contractor under Contract Documents, amount sufficient to cover such compensation, as fixed by
<br />the Act, as amended, until such compensation is paid, or until it is determined that no compensation
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