06 - Laserfiche WebLink

DocuSign Envelope ID:3EC52891-FE1A-4181-9C9B-6ADF674328A7 MTC/City of Pleasanton Innovative Deployments to Enhance Arterials(IDEA)Category 1 Page 13 Recipient's Business Automobile Liability coverage shall also be extended to cover pollution liability during loading; unloading and while in transit including,but not limited to,the perils of collision and upset. Coverage may be provided by endorsement to the general liability and automobile policies or by a separate policy. Such policy shall contain a Waiver of Subrogation in favor of MTC. MTC (and those entities listed in Part 3,ADDITIONAL INSUREDS, of this Attachment E(if any)), and their commissioners, directors, officers,representatives, agents and employees are to be named as additional insureds. Such insurance shall be primary and contain a Separation of Insureds Clause as respects any claims, losses or liability arising directly or indirectly from Recipient's operations. B. Acceptable Insurers. All policies will be issued by insurers acceptable to MTC, generally with a Best's Rating of A-or better with a Financial Size Category of VIII or better. C. Self-Insurance. Recipient's obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance,upon evidence of financial capacity satisfactory to MTC. D. Deductibles and Retentions. Recipient shall be responsible for payment of any deductible or retention on Recipient's policies without right of contribution from MTC. 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 MTC seeks coverage as an additional insured under any Recipient insurance policy that contains a deductible or self-insured retention,Recipient shall satisfy such deductible or self-insured retention to the extent of loss covered by such policy, for any lawsuit arising from or connected with any alleged act of Recipient, subconsultant, subcontractor, or any of their employees, officers or directors, even if Recipient or subconsultant is not a named defendant in the lawsuit. E. Claims Made Coverage. If any insurance specified above is written on a"Claims- Made"(rather than an "occurrence")basis,then in addition to the coverage requirements above, Recipient shall: (1) Ensure that the Retroactive Date is shown on the policy, and such date must be before the date of this Agreement or the beginning of any work under this Agreement; (2) Maintain and provide evidence of similar insurance for at least three (3)years following project completion, including the requirement of adding all additional insureds; and (3) If insurance is cancelled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the Agreement effective date, Recipient shall purchase "extended reporting" coverage for a minimum of three (3)years after completion of the work. F. Failure to Maintain Insurance. All insurance specified above shall remain in force until all work or services to be performed are satisfactorily completed, all of Recipient's personnel, subconsultants, subcontractors, and equipment have been removed from MTC's property, and the work or services have been formally accepted. Recipient must notify MTC if any of the above required coverages are non-renewed or cancelled. The failure to procure or maintain required insurance and/or an adequately funded self-insurance program will constitute a material breach of this Agreement.