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<br />Non-Professional Services Agreement between June 1, 2022 <br />City of San Leandro and Lind Marine, Inc. Page 6 of 13 <br />a. The Insurance shall cover on an occurrence or an accident basis, and not on a <br />claims-made basis. <br /> <br />b. City, its officers, officials, employees, and volunteers are to be covered as <br />additional insureds as respects: liability arising out of work or operations <br />performed by or on behalf of the Contractor; or automobiles owned, leased, <br />hired, or borrowed by the Contractor. <br /> <br />c. Contractor hereby agrees to waive subrogation which any insurer or contractor <br />may require from vendor by virtue of the payment of any loss. Contractor agrees <br />to obtain any endorsements that may be necessary to affect this waiver of <br />subrogation. <br /> <br />d. For any claims related to this Agreement or the work hereunder, the Contractor’s <br />insurance coverage shall be primary insurance as respects the City, its officers, <br />officials, employees, and volunteers. Any insurance or self-insurance maintained <br />by the City, its officers, officials, employees, or volunteers shall be excess of the <br />Contractor’s insurance and shall not contribute with it. <br /> <br />4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the <br />following: <br /> <br />a. Certificate of Liability Insurance in the amounts specified in the section; <br /> <br />b. Additional Insured Endorsement as required by the section; <br /> <br />c. Waiver of Subrogation Endorsement as required by the section; and <br /> <br />d. Primary Insurance Endorsement as required by the section. <br /> <br /> <br />4.3 Pollution/Environmental Insurance <br /> <br />4.3.1 General Requirements. Contractor shall, at its sole cost and expense, maintain <br />Pollution/Environmental Insurance with limits of not less than $1,000,000 per incident. The <br />Pollution/Environmental policy shall list the City as an additional insured. <br /> <br />4.4 All Policies Requirements. <br /> <br />4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with <br />insurers with a Bests' rating of no less than A:VII. <br /> <br />4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor <br />shall furnish City with complete copies of all Certificates of Liability Insurance delivered to <br />Contractor by the insurer, including complete copies of all endorsements attached to the <br />policies. All copies of Certificates of Liability Insurance and certified endorsements shall <br />show the signature of a person authorized by that insurer to bind coverage on its behalf. <br />If the City does not receive the required insurance documents prior to the Contractor <br />beginning work, it shall not waive the Contractor’s obligation to provide them. The City <br />reserves the right to require complete copies of all required insurance policies at any time. <br /> <br />DocuSign Envelope ID: 0CEAAAFA-E407-4989-89E4-8E000792E391