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Item 19 - Agreements for Parks and Facilities On-Call Engineering Services
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Item 19 - Agreements for Parks and Facilities On-Call Engineering Services
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3/28/2024 11:08:29 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
19
Date
5/2/2023
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its officers, officials, employees, and volunteers. Any insurance or self- <br />insurance maintained by the City, its officers, officials, employees, or <br />volunteers shall be excess of the Consultant's insurance and shall not <br />contribute with it. <br />(iii)Notice of Cancellation. Each insurance policy required above shall <br />state that coverage shall not be canceled, except with notice to the City. <br />(iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of <br />any right to subrogation which any insurer of said Consultant may <br />acquire against the City by virtue of the payment of any loss under such <br />insurance. Consultant agrees to obtain any endorsement that may be <br />necessary to affect this waiver of subrogation, but this provision applies <br />regardless of whether or not the City has received a waiver of <br />subrogation endorsement from the insurer. <br />(v) Self -Insured Retentions. Self -insured retentions must be declared to <br />and approved by the City. The City may require the Consultant to <br />purchase coverage with a lower retention or provide proof of ability to <br />pay losses and related investigations, claim administration, and defense <br />expenses within the retention. The policy language shall provide, or be <br />endorsed to provide, that the self -insured retention may be satisfied by <br />either the named insured or City. <br />(vi)Acceptability of Insurers. Insurance is to be placed with insurers <br />authorized to conduct business in the state with a current A.M. Best's <br />rating of no less than ANII, unless otherwise acceptable to the City. <br />(vii) Claims Made Policies. If any of the required policies provide <br />coverage on a claims -made basis: <br />• The Retroactive Date must be shown and must be before the date of <br />the contract or the beginning of contract work. <br />• Insurance must be maintained and evidence of insurance must be <br />provided for at least five (5) years after completion of the contract <br />of work. <br />If coverage is canceled or non -renewed, and not replaced with <br />another claims -made policy form with a Retroactive Date prior to <br />the contract effective date, the Consultant must purchase "extended <br />reporting" coverage for a minimum of five (5) years after <br />completion of contract work. <br />(viii) Verification of Coverage. Consultant shall furnish the City with <br />original Certificates of Insurance including all required amendatory <br />endorsements (or copies of the applicable policy language effecting <br />Page 4of10 <br />
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