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3.3.11 Insurance. <br />3.3.11.1 Time for Compliance. Consultant shall not commence work <br />under this Agreement until it has provided evidence satisfactory to the City that it has secured all <br />insurance required under this section. in addition, Consultant shall not allow any subconsultant to <br />commence work on any subcontract until it has provided evidence satisfactory to the City that the <br />subconsultant has secured all insurance required under this section. Failure to provide and <br />maintain all required insurance shall be grounds for the City to terminate this Agreementfor cause. <br />3.3.11.2 Types of Insurance Required. As a condition precedent to the <br />effectiveness of this Agreement for work to be performed hereunder, and without limiting the <br />indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations <br />under such Agreement, shall procure and maintain in full force and effect during the term of the <br />Agreement the following policies of insurance. If the existing policies do not meet the insurance <br />requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies <br />to do so. <br />(A) Commercial General Liability: Commercial General Liability <br />Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" <br />form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence <br />and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to <br />the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for <br />contractual liability; (2) excluding coverage for claims or suits by one insured against another <br />(cross -liability); (3) products/completed operations liability; or (4) containing any other <br />exclusion(s) contrary to the terms or purposes of this Agreement. <br />(B) Automobile Liability Insurance: Automobile Liability <br />Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering <br />"Any Auto" (Code 1), or if Consultant has no owned autos Code 8 (hired) and Code 9 (non - <br />owned), covering bodily injury and property damage for all activities with limits of not less than <br />$1,000,000 per occurrence for bodily injury and property damage. <br />(C) Workers' Compensation: Workers' Compensation <br />Insurance, as required by the State of California and Employer's Liability Insurance with a limit of <br />not less than $1,000,000 per accident for bodily injury and disease. <br />(D) Professional Liability (Errors & Omissions): Insurance <br />appropriate to the Contractor's profession, with limit no less than $2,000,000 per occurrence or <br />claim, $2,000,000 aggregate. Covered professional services shall specifically include all work to <br />be performed under the Agreement and delete any exclusions that may potentially affect the work <br />to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, <br />underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims - <br />made basis, the retroactive date shall precede the effective date of the initial Agreement and <br />continuous coverage will be maintained or an extended reporting period will be exercised for a <br />period of at least five (5) years from termination or expiration of this Agreement. <br />(E) Umbrella Insurance: In compliance with the terms of the <br />City's funding agreement, Consultant shall maintain an umbrella policy providing excess limits <br />over the primary policies described herein, in an amount not less than $10,000,000, and shall <br />contain a clause stating that it takes effect (drops down) in the event the primary limits are <br />-6- PROFESSIONAL SERVICES AGREEMENT <br />55394.00000\40418052.1 <br />