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Item 18 - Agreements for On -Call Right -of -Way Specialty Services
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11/16/2021 Regular
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Item 18 - Agreements for On -Call Right -of -Way Specialty Services
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Clerk of the Council
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18
Date
11/16/2021
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volunteers. Any insurance or self-insurance maintained by the City, its officers, <br />officials, employees, or volunteers shall be excess of the Consultant's insurance <br />and shall not contribute with it. <br />3) Notice of Cancellation- each insurance policy required above shall state that <br />coverage shall not be canceled, except with notice to the City. <br />4) Waiver of Subrogation- Consultant hereby grants to City a waiver of any right to <br />subrogation, which any insurer of said Consultant may acquire against the City by <br />virtue of the payment of any loss under such insurance. Consultant agrees to obtain <br />any endorsement that may be necessary to affect this waiver of subrogation, but <br />this provision applies regardless of whether or not the City has received a waiver <br />of subrogation endorsement from the insurer. <br />E. Self -Insured Retentions- Self -insured retentions must be declared to and approved by <br />the City. The City may require the Consultant to purchase coverage with a lower <br />retention or provide proof of ability to pay losses and related investigations, claim <br />administration, and defense expenses within the retention. The policy language shall <br />provide, or be endorsed to provide, that the self -insured retention may be satisfied by <br />either the named insured or City. <br />F. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct <br />business in the state with a current A.M. Best's rating of no less than A:VII, unless <br />otherwise acceptable to the City. <br />G. Claims Made Policies- If any of the required policies provide coverage on a claims - <br />made basis: <br />1) The Retroactive Date must be shown and must be before the date of the contract or <br />the beginning of contract work. <br />2) Insurance must be maintained and evidence of insurance must be provided for at <br />least five (5) years after completion of the contract of work. <br />3) If coverage is canceled or non -renewed, and not replaced with another claims -made <br />policy form with a Retroactive Date prior to the contract effective date, the <br />Consultant must purchase "extended reporting" coverage for a minimum of five (5) <br />years after completion of contract work. <br />H. Verification of Coverage- Consultant shall furnish the City with original Certificates <br />of Insurance including all required amendatory endorsements (or copies of the <br />applicable policy language effecting coverage required by this clause) and a copy of <br />the Declarations and Endorsement Page of the CGL policy listing all policy <br />endorsements to City before work begins. However, failure to obtain the required <br />documents prior to the work beginning shall not waive the Consultant's obligation to <br />provide them. The City reserves the right to require complete, certified copies of all <br />required insurance policies, including endorsements required by these specifications, <br />at any time. <br />Page 7 <br />
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