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Energy Services Agreement 7 04/21/2026 Omissions) appropriate to ESCO’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. b. Each insurance policy required by this Agreement must be acceptable to CITY Attorney and shall meet the following requirements: (1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by CITY. (2) Additional Insured Status. Both the Commercial General Liability and the Automobile Liability policies must name CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01. (3) Primary Coverage. ESCO’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officials, officers, agents, employees, or volunteers shall be in excess of ESCO’s insurance and shall not contribute with it. (4) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to CITY. (5) Subcontractors. If applicable, ESCO shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and ESCO shall ensure that CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor. (6) Waiver of Subrogation. ESCO hereby grants to CITY a waiver of any right to subrogation that any insurer of ESCO may acquire against CITY by virtue of the payment of any loss under such insurance. ESCO agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by the ESCO, its agents, representatives, employees, and subcontractors . (7) Self-Insurance. ESCO may, with CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. ESCO shall only be permitted to utilize such self -insurance if, in the opinion of CITY, ESCO’s (i) net worth and (ii) reserves for payment of claims of liability against ESCO are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. ESCO’s utilization of self- insurance shall not in any way limit the liabilities assumed by ESCO pursuant to this Agreement. (8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by CITY. c. Verification of Coverage. At the time ESCO executes this Agreement, ESCO shall provide CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language affecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. d. No Limitation of Obligations. The insurance requirements in this Agreement, including the types Docusign Envelope ID: 2FACAA06-C000-8E3B-8363-DD2D556A0D51Docusign Envelope ID: 8C132635-A597-8F5D-8082-3EB7B8AE19BF