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(3) Workers' Compensation. As required by the State of California, with <br />Statutory Limits, and Employer's Liability Insurance with limit of no less than <br />$1,000,000 per accident for bodily injury or disease. <br />(4) Broader Coverage. If the Contractor maintains broader coverage and/or <br />higher limits than the minimums shown above, the City requires and shall be <br />entitled to the broader coverage and/or the higher limits maintained by the <br />Contractor. Any available insurance proceeds in excess of the specified <br />minimum limits of insurance and coverage shall be available to the City. <br />b. Other Insurance Provisions <br />The above required insurance policies are to contain or be endorsed to contain the <br />following provisions: <br />(1) Additional Insured Status. The City, its officers, officials, employees, and <br />volunteers are to be covered as additional insureds on the CGL and AL policies <br />required above with respect to liability arising out of work or operations <br />performed by or on behalf of the Contractor including materials, parts, or <br />equipment furnished in connectionwith such work or operations. <br />(2) Waiver of Subrogation. Contractor's insurance company(ies) agree(s) to <br />waive all rights of subrogation against City, its City Council, its officers, <br />officials, employees, agents, and volunteers for losses paid under the terms of <br />any policy which may arise from work performed by Contractor under this <br />Agreement. This provision applies regardless of whether or not the City has <br />received a waiver of subrogation endorsement from the insurer. <br />(3) Primary Coverage. For any claims related to this contract, the Contractor's <br />insurance coverage shall be primary and any insurance or self-insurance <br />maintained by City, its City Council, its officers, officials, employees, or <br />volunteers shall be excess of the Contractor's insurance and shall not contribute <br />with it. <br />(4) Severability. A severability of interest provision must apply for all the <br />additional insured, ensuring that Contractor's insurance shall apply separately <br />to each insured against whom a claim is made or suit is brought, except with <br />respect to the insurer's limits of liability. <br />(5) Notice of Cancellation. Insurance policy(ies) herein shall provide that <br />coverage shall not be canceled, suspended, voided, reduced in coverage or in <br />limits, non -renewed by the carrier, or materially changed except after thirty (30) <br />days prior written notice has been given to City. Ten (10) days prior written <br />notice shall be provided to City for policy cancellation or non -renewal due to <br />non-payment. <br />City Council 7-5 6/18/20�4 <br />Page of 10 <br />