EBCE-San_Leandro_EV_Charger_Site_License_Agreement_Final.pdf

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Execution Version Exhibit D - 1 EXHIBIT D INSURANCE REQUIREMENTS Minimum Scope and Limits of Insurance ECBE shall maintain limits no less than: 1. Commercial General Liability, including operations, products, and completed operations, as applicable: $5,000,000 per occurrence/$5,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer's Liability: Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If ECBE is a sole proprietor, then they must sign “Contractor Release of Liability.” Deductibles and Self-Insured Retention All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of San Leandro. The City of San Leandro reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII and accepted to do business in the State of California, unless otherwise acceptable to the City of San Leandro. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City of San Leandro, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of ECBE; or automobiles owned, leased, hired or borrowed by ECBE. The coverage shall contain no special limitations on the scope of protection afforded to the City of San Leandro, its officers, officials, employees, or volunteers. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under ECBE’s policy shall be primary and non- contributory and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City of San Leandro before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 2. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of San Leandro, its officers, officials, employees, or volunteers. DocuSign Envelope ID: 9A9D2499-76B9-48B0-8ECE-EF852438F252DocuSign Envelope ID: EC3D6FF2-1EAC-45AF-8666-F6EEFB410D6F