Suspension of Project. The Judicial Council may, in its sole discretion, suspend the Project by written Notice. The Construction Manager will be compensated for Services performed prior to Notice of suspension. If the Project is suspended by the Judicial Council for less than one hundred and eighty (180) consecutive days, the Construction Manager will reduce or suspend its services as directed by the Judicial Council. If the Project is suspended by the Judicial Council for more than one hundred and eighty (180) consecutive days, then when the Project is resumed, the schedule will be adjusted, and the Construction Manager’s compensation will be equitably adjusted to provide for expenses incurred in the resumption of the Construction Manager’s Services. Upon resumption of the Project after suspension, the Construction Manager will take all reasonable efforts to maintain the same Project personnel. CONSTRUCTION MANAGER’S INSURANCE General Requirements. General Requirements for Construction Manager's Insurance: Construction Manager must maintain the required insurance for its operations with an insurance company or companies that are rated “A-VII” or higher by A. M. Best’s key rating guide and are authorized to do business in the State of California. For all insurance policies required by this Article, the Construction Manager must declare any deductible or self-insured retention (SIR). Any deductible or SIR must be clearly stated on the appropriate certificate of insurance. If self-insured, the Construction Manager agrees to administer its self-insurance program in a commercially reasonable manner so as to ensure the availability of funds to cover losses required to be insured against by Construction Manager under the terms of this Article. Construction Manager, prior to commencement of the Work under this Agreement, must provide the Judicial Council with certificates of insurance and signed insurance policy endorsements, on forms acceptable to the Judicial Council, as evidence that the required insurance is in full force and effect. Where applicable, each certificate of insurance and signed insurance policy endorsement must specifically provide verification that the State of California, the Judicial Council of California, the Superior Court of California in the County in which the Project is located, and their respective elected and appointed officials, judges, officers, and employees have been added as additional insureds on the insurance policy being referenced. The Certificates of Insurance must be addressed as follows, and must include the Contract Number: Risk Management Judicial Council of California 000 Xxxxxx Xxxx Xxxxxx Xxx Xxxxxxxxx, XX 00000-0000 All insurance policies required under this Article must be in force until the end of the Term of this Agreement or longer, as required herein. If the insurance expires during the Term of the Agreement, the Construction Manager must immediately renew or replace the required insurance and provide a new current certificate of insurance and signed insurance policy endorsements, or it may be declared in breach of Contract. The Judicial Council reserves the right to withhold all progress payments until the breach is cured to the satisfaction of the Judicial Council. Construction Manager must provide renewal insurance certificates and signed policy endorsements to the Judicial Council no later than ten (10) days following the expiration of the previous insurance certificates and signed policy endorsements. In the event Construction Manager fails to keep in effect at all times the specified insurance coverage, the Judicial Council may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of that event, subject to the provisions of this Agreement. The insurance required by the “Insurance Requirements” in this Article, as well as any excess liability or umbrella liability insurance that Construction Manager maintains in compliance with the terms of this Article, with the exception of Professional Liability insurance, must be endorsed to include the State of California, the Judicial Council, the Superior Court of California in the County in which the Project is located, and their respective elected and appointed officials, judges, officers, and employees as additional insureds, but only with respect to liability assumed by Construction Manager under the terms of this Agreement or liability arising out of the performance of the Services. Construction Manager, and any insurer providing insurance required under the terms of this Article, must waive any right of recovery or subrogation it may have against the State of California, the Judicial Council, the Superior Court of California in the County in which the Project is located, and their respective elected and appointed officials, judges, officers, and employees for direct physical loss or damage to the Work, or for any liability arising out of the Services performed by Construction Manager under this Agreement. All insurance policies required under this Article must contain a provision that coverage will not be materially changed or cancelled without thirty (30) days prior written Notice to the Judicial Council. Construction Manager is responsible for and is not permitted to recover from the State of California, from the Judicial Council, or from the Superior Court of California in the County in which the Project is located, any deductible or self-insured retention that is connected to the insurance required under this Article. The insurance required under this Article must be endorsed to be primary and non-contributing with any insurance or self-insurance maintained by the State of California, the Judicial Council, the Superior Court of California in the County in which the Project is located. The Construction Manager’s liabilities under this contract shall not be limited in any manner to the insurance coverage required. The cost of all insurance required by this Article is the sole responsibility of the Construction Manager and is part of the Construction Manager’s Fee. Construction Manager must require insurance from its Subconsultants in substantially the same terms and conditions as required of the Construction Manager herein and with limits of liability that, in the opinion of the Construction Manager, are sufficient to protect the interests of the Construction Manager, State of California, the Judicial Council, and the Superior Court of California in the County in which the Project is located. Should the Construction Manager elect to accept insurance requirements for subconsultants that are not in accordance with the limits, terms, and conditions of the contract, the lower limits or coverage does not alleviate the Construction Manager of its obligation to meet the contractual requirements of this section and the Construction Manager does so at its own risk Insurance Requirements. Throughout the term of the Agreement, except for Professional Liability insurance, the Construction Manager must maintain at a minimum and in full force and effect, the following insurance:
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Samples: www.courts.ca.gov, www.courts.ca.gov
Suspension of Project. The Judicial Council may, in its sole discretion, suspend the Project by written Notice. The Construction Manager will be compensated for Services performed prior to Notice of suspension. If the Project is suspended by the Judicial Council for less than one hundred and eighty (180) consecutive days, the Construction Manager will reduce or suspend its services as directed by the Judicial Council. If the Project is suspended by the Judicial Council for more than one hundred and eighty (180) consecutive days, then when the Project is resumed, the schedule will be adjusted, and the Construction Manager’s compensation will be equitably adjusted to provide for expenses incurred in the resumption of the Construction Manager’s Services. Upon resumption of the Project after suspension, the Construction Manager will take all reasonable efforts to maintain the same Project personnel. CONSTRUCTION MANAGER’S INSURANCE General Requirements. General Requirements for Construction Manager's Insurance: Construction Manager must maintain the required insurance for its operations with an insurance company or companies that are rated “A-VII” or higher by A. M. Best’s key rating guide and are authorized to do business in the State of California. For all insurance policies required by this Article, the Construction Manager must declare any deductible or self-insured retention (SIR). Any deductible or SIR must be clearly stated on the appropriate certificate of insurance. If self-insured, the Construction Manager agrees to administer its self-insurance program in a commercially reasonable manner so as to ensure the availability of funds to cover losses required to be insured against by Construction Manager under the terms of this Article. Construction Manager, prior to commencement of the Work under this Agreement, must provide the Judicial Council with certificates of insurance and signed insurance policy endorsements, on forms acceptable to the Judicial Council, as evidence that the required insurance is in full force and effect. Where applicable, each certificate of insurance and signed insurance policy endorsement must specifically provide verification that the State of California, the Judicial Council of California, the Superior Court of California in the County in which the Project is located, and their respective elected and appointed officials, judges, officers, and employees have been added as additional insureds on the insurance policy being referenced, except for Construction Manager’s Professional Liability and Worker’s Compensation insurance policies. The Certificates of Insurance must be addressed as follows, and must include the Contract Number: Risk Management Judicial Council of California 000 Xxxxxx Xxxx Xxxxxx Xxx Xxxxxxxxx, XX 00000-0000 All insurance policies required under this Article must be in force until the end of the Term of this Agreement or longer, as required herein. If the insurance expires during the Term of the Agreement, the Construction Manager must immediately renew or replace the required insurance and provide a new current certificate of insurance and signed insurance policy endorsements, or it may be declared in breach of Contract. The Judicial Council reserves the right to withhold all progress payments until the breach is cured to the satisfaction of the Judicial Council. Construction Manager must provide renewal insurance certificates and signed policy endorsements to the Judicial Council no later than ten (10) days following the expiration of the previous insurance certificates and signed policy endorsements. In the event Construction Manager fails to keep in effect at all times the specified insurance coverage, the Judicial Council may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of that event, subject to the provisions of this Agreement. The insurance required by the “Insurance Requirements” in this Article, as well as any excess liability or umbrella liability insurance that Construction Manager maintains in compliance with the terms of this Article, with the exception of Professional Liability insurance, must be endorsed to include the State of California, the Judicial Council, the Superior Court of California in the County in which the Project is located, and their respective elected and appointed officials, judges, officers, and employees as additional insureds, but only with respect to liability assumed by Construction Manager under the terms of this Agreement or liability arising out of the performance of the Services. Construction Manager, and any insurer providing insurance required under the terms of this Article, must waive any right of recovery or subrogation it may have against the State of California, the Judicial Council, the Superior Court of California in the County in which the Project is located, and their respective elected and appointed officials, judges, officers, and employees for direct physical loss or damage to the Work, or for any liability arising out of the Services performed by Construction Manager under this Agreement. All insurance policies required under this Article must contain a provision that coverage will not be materially changed or cancelled without thirty (30) days prior written Notice to the Judicial Council. Construction Manager is responsible for and is not permitted to recover from the State of California, from the Judicial Council, or from the Superior Court of California in the County in which the Project is located, any deductible or self-insured retention that is connected to the insurance required under this Article. The insurance required under this Article must be endorsed to be primary and non-contributing with any insurance or self-insurance maintained by the State of California, the Judicial Council, the Superior Court of California in the County in which the Project is located. The Construction Manager’s liabilities under this contract shall not be limited in any manner to the insurance coverage required. The cost of all insurance required by this Article is the sole responsibility of the Construction Manager and is part of the Construction Manager’s Fee. Construction Manager must require insurance from its Subconsultants in substantially the same terms and conditions as required of the Construction Manager herein and with limits of liability that, in the opinion of the Construction Manager, are sufficient to protect the interests of the Construction Manager, State of California, the Judicial Council, and the Superior Court of California in the County in which the Project is located. Should the Construction Manager elect to accept insurance requirements for subconsultants that are not in accordance with the limits, terms, and conditions of the contract, the lower limits or coverage does not alleviate the Construction Manager of its obligation to meet the contractual requirements of this section and the Construction Manager does so at its own risk Insurance Requirements. Throughout the term of the Agreement, except for Professional Liability insurance, the Construction Manager must maintain at a minimum and in full force and effect, the following insurance:
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Samples: www.courts.ca.gov
Suspension of Project. The Judicial Council may, in its sole discretion, suspend the Project by written Notice. The Construction Manager will be compensated for Services performed prior to Notice of suspension. If the Project is suspended by the Judicial Council for less than one hundred and eighty (180) consecutive days, the Construction Manager will reduce or suspend its services as directed by the Judicial Council. If the Project is suspended by the Judicial Council for more than one hundred and eighty (180) consecutive days, then when the Project is resumed, the schedule will be adjusted, and the Construction Manager’s compensation will be equitably adjusted to provide for expenses incurred in the resumption of the Construction Manager’s Services. Upon resumption of the Project after suspension, the Construction Manager will take all reasonable efforts to maintain the same Project personnel. CONSTRUCTION MANAGER’S INSURANCE General Requirements. General Requirements for Construction Manager's Insurance: By requiring the minimum insurance set forth in this Agreement, the Judicial Council shall not be deemed or construed to have assessed the risks that may be applicable to Construction Manager must under this Agreement. Construction Manager shall assess its own risks and if it deems appropriate or prudent, maintain higher limits or broader coverage. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Construction Manager; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement, whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to the Judicial Council in compliance with the Insurance Requirements set forth in this Agreement. The Judicial Council may, in its sole discretion, accept self-insurance or risk-pool coverage as a substitute for any of the required insurance policies under this Agreement. No representation is made by the Judicial Council that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Construction Manager under this Agreement. Construction Manager shall obtain and maintain the required insurance for its operations the duration of this Agreement with an insurance company or companies acceptable to the Judicial Council, in its sole discretion, and that are rated “A-VII” or higher by A. M. Best’s key rating guide and are authorized to do business in the State state of California. For all insurance policies required under this Agreement, no deductible shall exceed five (5) percent of the minimum limit of insurance required under this Agreement unless authorized in writing by this Article, the Judicial Council. Any Construction Manager must declare any deductible or self-insured retention (SIR). Any deductible or SIR must be clearly stated on the appropriate certificate of insurance. Self-Insured retentions (SIR) must be declared to and approved in writing by the Judicial Council. The Judicial Council may require the Construction Manager to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim 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 named insured or Judicial Council. Any and all deductibles and SIRs shall be the sole responsibility of Construction Manager or subcontractor who procured such insurance and shall not apply to the Indemnified Parties. Judicial Council may deduct from any amounts otherwise due Construction Manager to fund the SIR. Policies shall NOT contain any SIR provisions that limit the satisfaction of the SIR to the named insured. The policy must also provide that defense costs, including the allocated loss adjustment expenses, will satisfy the SIR. Judicial Council reserves the right to obtain a copy of any policies and endorsements for verification. Construction Manager is responsible for and may not recover from the State of California, Judicial Council, or the Court any deductible or self-insured retention that is connected to the insurance required under this Agreement. If self-insured, the Construction Manager agrees to administer its self-insurance program in a commercially reasonable manner so as to ensure the availability of warrants that it will maintain funds to cover losses required to be insured against by Construction Manager under the terms of this ArticleAgreement. Construction Manager, prior to commencement of the Work under this AgreementWork, must shall provide the Judicial Council with certificates of insurance and signed insurance policy endorsements, on forms acceptable to the Judicial Council, as evidence that the required insurance is in full force and effect. Where applicableThe insurance required under this Agreement, each certificate and any excess liability or umbrella liability insurance, that Construction Manager maintains in compliance with the terms of insurance and signed insurance policy endorsement this “General Requirements” subsection (with the exception of Professional Liability Insurance, if required) must specifically provide verification that be endorsed to include the [State Public Works Board]; State of California, the ; Judicial Council of California, ; the Superior Court of California in the California, County in which the Project is located, and their respective elected and appointed officials, judgesjudicial officers, officers, employees, and employees have been added agents as additional insureds insureds. No payments will be made to Construction Manager until all required current and complete certificates of insurance and signed insurance policy endorsements are properly endorsed and on file with the Judicial Council. The insurance required under this Agreement, including all required additional insured coverages, must be endorsed to be primary and non-contributory to any insurance or self-insurance maintained by the State of California, Judicial Council, or the Court. Construction Manager’s liabilities under this Agreement shall not be limited in any manner to the insurance policy being referencedcoverage required. Failure to provide the documentation as required prior to the commencement of Work shall not constitute or be construed as a waiver of the obligation to provide such documentation. The Certificates of Insurance must be addressed as followsand mailed to: Xxxxxxx Xxxxxxx Contract Specialist, Branch Accounting and must include the Procurement Contract Number: Risk Management Number [insert contract number here] Judicial Council of California 000 Xxxxxx Xxxx Xxxxxx Xxx Xxxxxxxxx, XX 00000-0000 00000 All insurance policies required under this Article Agreement must be remain in force until for the end of the Term entire duration of this Agreement or longer, as required hereinAgreement. If the insurance expires during the Term of the this Agreement, the Construction Manager must shall immediately renew or replace the required insurance and provide a new current certificate of insurance and signed insurance policy endorsementsendorsement(s), or it may Construction Manager will be declared in breach of Contract. The this Agreement, and the Judicial Council reserves may direct the right Construction Manager to withhold all progress payments until the breach is cured to the satisfaction of the Judicial Councilstop work or may take other remedial action. Construction Manager must provide renewal insurance certificates and signed policy endorsements to the Judicial Council no later than ten (10) days following on or before the expiration date of the previous insurance certificates and signed policy endorsements. Any new insurance procured by Construction Manager must conform to the requirements of this Agreement. In the event Construction Manager fails to keep the specified insurance coverage in effect force at all times the specified insurance coveragerequired under this Agreement, the Judicial Council may, in addition to and without limiting any other remedies it may haveavailable to it, (i) order the Construction Manager to stop work, or (ii) terminate this Agreement upon the occurrence of that such event, subject to the provisions of this Agreement. The Construction Manager, and each insurer providing insurance required by the “Insurance Requirements” in under this ArticleAgreement, as well as any excess liability or umbrella liability insurance that Construction Manager maintains in compliance with the terms expressly waives all rights of this Article, with the exception of Professional Liability insurance, must be endorsed to include recovery and subrogation rights it may have against the State of California, the Judicial Council, the Superior Court of California in the County in which the Project is locatedCourt, and their respective elected and appointed officials, judgesjudicial officers, officers, and employees as additional insureds, but only with respect to liability assumed by Construction Manager under the terms of this Agreement or liability arising out of the performance of the Services. Construction Manageremployees, and any insurer providing insurance required under the terms of this Article, must waive any right of recovery or subrogation it may have against the State of California, the Judicial Council, the Superior Court of California in the County in which the Project is located, and their respective elected and appointed officials, judges, officers, and employees agents for direct physical loss or damage to the Work, or and for any liability arising out of or in connection with the Services Work performed by Construction Manager under this Agreement or arising out of or in connection with Construction Manager’s breach of this Agreement. All This provision does not apply to professional liability insurance policies. Construction Manager shall provide the Judicial Council with written notice within TEN (10) calendar days of becoming aware of a material change or cancellation of the insurance policies required under this Article must contain a provision that coverage will not be materially changed Agreement. In the event of expiration or cancelled without thirty (30) days prior written Notice to cancellation of any insurance policy, Construction Manager shall immediately notify the Judicial Council’s Project Manager. Construction Manager is responsible for and is not permitted Judicial Council reserves the right to recover from the State request certified copies of California, from the Judicial Council, or from the Superior Court any of California in the County in which the Project is located, any deductible or self-insured retention that is connected to the insurance policies required under this Article. The insurance required under this Article Agreement, which must be endorsed to be primary and non-contributing with any insurance or self-insurance maintained provided by Construction Manager within TEN (10) business days following the State of California, the request by Judicial Council, the Superior Court of California in the County in which the Project is located. The Construction Manager’s liabilities under this contract shall not be limited in any manner to the insurance coverage required. The cost of all insurance required by this Article is the sole responsibility of the Construction Manager and is part of the Construction Manager’s Fee. Construction Manager must require insurance from its Subconsultants Subcontractors in substantially the same terms and conditions form as required of the Construction Manager herein and with limits of liability that, in the opinion of the Construction Manager, that are sufficient to protect the interests of the Construction Manager, State of California, the Judicial Council, and the Superior Court of California in the County in which the Project is located. Should the Construction Manager elect to accept insurance requirements for subconsultants that are not in accordance with the limits, terms, and conditions of the contract, the lower limits or coverage does not alleviate the Construction Manager of its obligation to meet the contractual requirements of this section and the Construction Manager does so at its own risk Insurance Requirements. Throughout the term of the Agreement, except for Professional Liability insurance, the Construction Manager must maintain at a minimum and in full force and effect, the following insurance:.
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Samples: www.courts.ca.gov
