Item 13 - On -Call Traffic Control Services

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2) Primary Coverage- for an claims related to this Agreement, the Contractor's insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute to it. 3) Notice of Cancellation- Each insurance policy required above shall state that coverage shall not be cancelled except with notice to the City. 4) Waiver of Subro ag tion- Contractor hereby grants to City a waiver of any right to subrogation, which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver -of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5) Self -Insured Retentions- Self -insured retentions must be declared and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claims administration and defense expenses within the retention. The policy language shall provide or be endorsed to provide, that the self -insured retention may be satisfied by either the names inured or the City. 6) Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. 7) Claims Made Policies- If any of the required policies provide coverage on a claims - made basis: i. The Retroactive Date must be shown and must be before the date of the agreement of the beginning of the agreement work; ii. Insurance must be maintained and evidence of insurance provided for at least five (5) years after completion of work under this agreement; iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the agreement effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of agreement work. 8) Verification of Coverage- Contractor shall furnish to City with original certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Page A24 of 11 Non -Fed Funding (6.1.2021)