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<br />Non-Professional Services Agreement between 07/01/2025
<br />City of San Leandro and Pencco, Inc—Exhibit D Page 11 of 16
<br />the following insurance policies: Workers’ Compensation, Employer’s Liability, Commercial General
<br />Liability, Business Vehicle and Automobile Liability, and Contractor’s Pollution Liability Insurance coverage
<br />from insurers either (i) admitted by the California Insurance Commissioner to do business in the State of
<br />California and rated no less than A.M. Best’s rating of no less than A:VII, or (ii) authorized by the BACC
<br />agency’s risk manager(s) or his/her designee at any time in his/her sole discretion, all relating to the
<br />supplier’s services to be performed hereunder covering the BACC agency’s risks. The minimum amounts
<br />of coverage, and the breadth of coverage, corresponding to the aforesaid categories of insurance per
<br />insurable event, must be as follows, however, the insurance limits available to each participating BACC
<br />agency, their officers, officials, employees, agents and volunteers as additional insured parties, shall be
<br />the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to
<br />the named insured:
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<br />INSURANCE CATEGORY MINIMUM LIMITS
<br />Workers’ Compensation Insurance California Statutory Minimum
<br />Employer’s Liability Insurance $2,000,000 per accident, and $1,000,000 per
<br />employee for bodily injury or disease.
<br />Commercial General Liability Insurance $5,000,000 per occurrence for bodily injury,
<br />personal injury, and property damage.
<br />Business Vehicle and Automobile Liability
<br />Insurance
<br />$2,000,000 per accident for bodily injury and
<br />property damage.
<br />Contractor’s Pollution Liability $1,000,000 per occurrence, $2,000,000 policy
<br />aggregate.
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<br />Prior to commencement of any performance under the contract, the successful bidder must furnish to
<br />each participating BACC agency an original Certificate of Insurance, and copies of information or
<br />declaration pages for the insurance required with respect to evidence of all policies of insurance required
<br />as noted above. All policies of insurance must be endorsed to name the respective BACC agency, their
<br />officials, officers, employees, agents, and volunteers as additional insured parties. For any claims related
<br />to the contract, bidder’s insurance coverage shall be primary insurance with respect to each participating
<br />BACC agency, their officials, officers, employees, agents and volunteers. Any insurance or self-insurance
<br />maintained by any BACC agency party, their officials, officers, employees, agents and volunteers shall be
<br />excess of the bidder’s insurance and shall not contribute with it. The successful bidder will be responsible
<br />for contacting each participating BACC agency to ascertain the proper name or names of the agency
<br />specific entities to be included in the endorsements.
<br />
<br />The successful bidder must also provide each participating BACC agency with a MSC-90 endorsement,
<br />required for transporters of hazardous materials and/or wastes.
<br />
<br />The successful bidder hereby agrees to waive subrogation which any insurer of the bidder may acquire
<br />from vendor by virtue of the payment of any loss. Bidder agrees to obtain and provide to each BACC
<br />agency any endorsement that may be necessary to affect this waiver of subrogation. The Workers’
<br />Docusign Envelope ID: B72AF0D0-C77A-4A6B-8727-4C891D248F6D
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