Agmt13 San Mateo County Measure A Funds-Brewster Ave

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vi. Contractors' Pollution Liabilitv Insurance andlor Environmental Liabilitv Insurance. If deemed appropriate by SPONSOR or the Entity in consideration of the work required for the Project, insurance should cover potential pollution or environmental contamination or accidents. The limit for Pollution andlor Environmental Liability Insurance in each appropriate contract and subcontract should not be less than $1 million. Such insurance shall name the TA as an Additional Insured and include a Waiver of Subrogation in favor of the TA. vii. Railroad Protective Liabilitv Insurance. Insurance shall be procured if the Project will include any construction or demolition work within 50 feet of railroad tracks.The limit for Railroad Protective Liability Insurance in each appropriate contract and subcontract shall not be less than $2 million per occurrence and $6 million annual aggregate. b) Excess or Umbrella Coverase. SPONSOR and/or the Entity may opt to procure excess or umbrella coverage to meet the above requirements,but in such case, these policies shall also satisfy all specified endorsements and stipulations for the underlying coverages, and shall include provisions that the Entity's insurance is to be primary without any right of contribution from the TA. c) Deductibles and Retentions. SPONSOR shall ensure that deductibles or retentions on any of the above insurance policies are paid without right of contribution from the TA. Deductible and retention provisions shall not contain any restrictions as to how or by whom the deductible or retention is paid. Any deductible or retention provision limiting payment to the named insured is unacceptable. In the event that any policy contains a deductible or self-insured retention, and in the event that the TA seeks coverage under such policy as an additional insured, SPONSOR shall ensure that SPONSOR and/or the Entity satisfies such deductible to the extent of loss covered by such policy for a lawsuit arising from or connected with any alleged act or omission of the Entity or Agents, even if neither the Entity nor Agents are named defendants in the lawsuit. d) Failure to Procure Adequate Insurance. Failure by SPONSOR and/or the Entity to procure sufficient insurance to financially support Section 4.1, Indemnity by SPONSOR, of this Agreement does not excuse SPONSOR from meeting all obligations of Section 4.1 and the remainder of this Agreement, generally. Prior to beginning work under this Agreement, SPONSOR shall obtain satisfactory evidence of compliance with the insurance requirements of this section. SECTION 5: Miscellaneous San Mateo County Transportation Authority/City of Redwood City ATTY/AGR/2013.007BREWSTER FUNDING AGREEMENT REV:O1-11-13 VR Page 7 of 14