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INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Minimum Scope and Limit of Insurance <br />(1) Workers' Compensation: as required by the State of California, with Statutory <br />Limits, and Employer's Liability Insurance with limit of no less than <br />$1,000,000 per accident for bodily injury or disease. Coverage is not required <br />if Consultant has no employees and signs request to waive such insurance. <br />(2) Professional Liability: with a limit no less than $1,000,000 per occurrence or <br />claim, and a $2,000,000 aggregate. <br />(3) Broader Coverage: if the Consultant maintains broader coverage and/or higher <br />limits than the minimums shown above, the City requires and shall be entitled <br />to the broader coverage and/or the higher limits maintained by the Consultant. <br />Any available insurance proceeds in excess of the specified minimum limits of <br />insurance and coverage shall be available to the City. <br />b. Other Insurance Provisions <br />-- -------(-I-)-Additional-Insured Status: City, its -City -Council, -its officers,, officials, — - <br />employees, agents, and volunteers are to be covered as additional insureds, <br />under Consultant's Professional Liability policies, with respect to any liability <br />arising out of work or operations performed by or on behalf of the Consultant, <br />its employees, sub -contractors, representatives, and agents. <br />(2) Waiver of Subrogation: Consultant's Insurance company(ies) agrees to <br />waive all rights of subrogation against City, its City Council, its officers, <br />officials, employees, agents, and vohmteers for losses paid wider the terms of <br />any policy required herein, which arise from work performed by Consultant, <br />its employees, sub -contractors, representatives, and agents under this <br />Agreement. <br />(3) Primary Coverage: For any claims related to this contract, the Consultant's <br />insurance coverage shall be primary and any insurance maintained by City, its <br />City Council, its officers, officials, employees, agents, or volunteers shall not <br />contribute with it. <br />(4) A severability of interest provision must apply for all the additional insureds, <br />ensuring that Consultant's insurance shall apply separately to each insured <br />against whom a claim is made or suit is brought, except with respect to the <br />insurer's limits of liability. <br />Page 3 of 9 <br />