East Bay Community Energy Authority Master Site License Agreement 20230606

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Schedule Q REVISED 011317: 0KG 11 EXHIBIT B INSURANCE Insurance. During the term of this Agreement, EBCE shall maintain in full force and effect, at its own cost and expense, insurance coverages either: (a) through a City-approved self-insurance pool; or (b) with insurers with an A.M. Best’s rating of no less than A:VII. EBCE shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in EBCE’s policies: a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $5,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, officials, employees, volunteers and agents are named additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall further state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by EBCE, its contractors and subcontractors, and that no other insurance effected by City or other named insured will be called on to cover a loss. b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $2,000,000 per person/per occurrence. c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of EBCE's employees shall be in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000. For work or services deemed public works, by signing this Agreement, EBCE is certifying, pursuant to Section 1861 of the California Labor Code, that: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." d. Certificate of Insurance. EBCE shall file a certificate of insurance with the City prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies. e. Contractors and Subcontractors. EBCE shall include all contractors and subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. All coverages for contractors and subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds. f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, officials, employees, volunteers and agents. EBCE hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. DocuSign Envelope ID: D2372BE9-D7E3-4E76-9BFF-E8B3CA2B606C