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<br />Non-Professional Services Agreement between December 13, 2023 <br />City of San Leandro and Waterproofing Associates, Inc. Page 7 of 16 <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, <br />leased, hired, or borrowed by the Contractor. <br /> <br />c. Contractor hereby agrees to waive subrogation which any insurer or <br />contractor may require from vendor by virtue of the payment of any loss. <br />Contractor agrees to obtain any endorsements that may be necessary to <br />affect this waiver of subrogation. <br /> <br />d. For any claims related to this Agreement or the work hereunder, the <br />Contractor’s insurance coverage shall be primary insurance as respects <br />the City, its officers, officials, employees, and volunteers. Any insurance <br />or self-insurance maintained by the City, its officers, officials, employees, <br />or volunteers shall be excess of the Contractor’s insurance and shall not <br />contribute with it. <br /> <br />4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall <br />submit the 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 />4.3 Cyber Liability Insurance. Reserved. <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 <br />with 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, <br />Contractor shall furnish City with complete copies of all Certificates of Liability <br />Insurance delivered to Contractor by the insurer, including complete copies of all <br />endorsements attached to the policies. All copies of Certificates of Liability <br />Insurance and certified endorsements shall show the signature of a person <br />authorized by that insurer to bind coverage on its behalf. If the City does not <br />receive the required insurance documents prior to the Contractor beginning work, <br />it shall not waive the Contractor’s obligation to provide them. The City reserves <br />the right to require complete copies of all required insurance policies at any time. <br /> <br />DocuSign Envelope ID: 893785FE-7543-420D-9AB4-B901CB399A41