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Item 28 - Construction Management for the State Building Demolition Project
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08/20/2024
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Item 28 - Construction Management for the State Building Demolition Project
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8/14/2024 3:49:39 PM
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8/14/2024 10:19:48 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
28
Date
8/20/2024
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Acceptability of Insurers <br />Insurance is to be placed with insurers authorized to conduct business in the state of California <br />with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. <br />Waiver of Subrogation <br />Consultant hereby agrees to waive rights of subrogation which any insurer of Consultant may <br />acquire from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any <br />endorsement that may be necessary to affect this waiver of subrogation. The Workers' <br />Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work <br />performed by Consultant, its employees, agents and sub -contractors. <br />Verification of Coverage <br />Consultant shall furnish City with original Certificates of Insurance including all required <br />amendatory endorsements (or copies of the applicable policy language effecting coverage <br />required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be <br />accepted in lieu of the actual endorsements required herein. Failure to obtain the required <br />documents prior to the work beginning shall not waive Consultant's obligation to provide them. <br />City reserves the right to require complete, certified copies of all required insurance policies, <br />including endorsements, required by these specifications, at any time. <br />Sub -Contractors <br />Consultant shall require and verify that all sub -contractors maintain insurance meeting all <br />requirements stated herein, and Consultant shall ensure that City is an additional insured on <br />insurance required from sub -contractors. For CGL coverage, sub -contractors shall provide <br />coverage with a form at least as broad as CG 20 38 04 13. <br />Failure to Maintain Insurance Coverage <br />If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to <br />this contract, the same shall be deemed a material breach of contract. City, at its sole option, may <br />terminate this contract at any time and obtain damages from Consultant resulting from said <br />breach. <br />Special Risks or Circumstances <br />City reserves the right to modify these requirements, including limits, based on the nature of the <br />risk, prior experience, insurer, coverage, or other circumstances. <br />S. INDEMNIFICATION <br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, <br />agents, employees, contractors, special counsel, and representatives from liability: (1) for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br />personal injury, including death, and claims for property damage, which may arise from the <br />negligent operations of the Consultant, its subcontractors, agents, employees, or other persons <br />acting on its behalf which relates to the services described in section I of this Agreement; and (2) <br />from any claim that personal injury, damages, just compensation, restitution, judicial or equitable <br />relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and <br />5 <br />
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