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impaired or exhausted <br />3.3.11.3 Insurance Endorsements. Required insurance policies shall <br />contain the following provisions, or Consultant shall provide endorsements on forms approved by <br />the City to add the following provisions to the insurance policies: <br />(A) Commercial General Liability: (1) Additional Insured: The <br />City, its officials, officers, and employees shall be additional insureds with regard to liability and <br />defense of suits or claims arising out of the performance of the Agreement. Additional Insured <br />Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability'; <br />(3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary <br />to the terms or purposes of this Agreement. For all policies of Commercial General Liability <br />insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 <br />10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) <br />Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a <br />thirty (30) day written notice of cancellation has been served upon the City except ten (10) days <br />shall be allowed for non-payment of premium. <br />(B) Automobile Liability. (1) Cancellation: Required insurance <br />policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of <br />cancellation has been served upon the City except ten (10) days shall be allowed for non-payment <br />of premium. <br />(C) Professional Liability (Errors & Omissions): 1) Cancellation: <br />Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day <br />written notice of cancellation has been served upon the City except ten (10) days shall be allowed <br />for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall <br />include contractual liability applicable to this Agreement. The policy must "pay on behalf of the <br />insured and include a provision establishing the insurer's duty to defend. <br />(D) Workers' Compensation: (1) Cancellation: Required <br />insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written <br />notice of cancellation has been served upon the City except ten (10) days shall be allowed for <br />non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the <br />insurer waives all rights of subrogation against the City, its officials, officers, and employees. <br />3.3.11.4 Primary and Non -Contributing Insurance. All policies of <br />Commercial General Liability and Automobile Liability insurance shall be primary and any other <br />insurance, deductible, or self-insurance maintained by the City, its officials, officers, and <br />employees shall not contribute with this primary insurance. Policies shall contain or be endorsed <br />to contain such provisions. <br />3.3.11.5 Waiver of Subrogation. All required insurance coverages, <br />except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation <br />in favor of the City, its officials, officers, and employees or shall specifically allow Consultant or <br />others providing insurance evidence in compliance with these specifications to waive their right <br />of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and <br />shall require similar written express waivers and insurance clauses from each of its <br />subconsultants. <br />-7- PROFESSIONAL SERVICES AGREEMENT <br />55394.00000\40418052.1 <br />