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(1) Commercial General Liability (CGL). Insurance Services Office ("ISO") <br />Form CG 00 01 covering CGL on an "occurrence" basis, including products <br />and completed operations, property damage, bodily injury and personal & <br />advertising injury with limits no less than $2,000,000 per occurrence and <br />$4,000,000 aggregate. <br />(2) 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 />(3) Professional Liability Insurance. Professional liability insurance with a limit <br />of no less than $1,000,000 per occurrence or claim. <br />(4) Broader Coverage. If the Consultant 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 />Consultant. 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 policy with <br />respect to liability arising out of work or operations performed by or on behalf <br />of the Consultant including materials, parts, or equipment furnished in <br />connectionwith such work or operations. <br />(2) Waiver of Subrogation. Consultant shall require its insurance company(ies) <br />to waive all rights of subrogation against City of Santa Ana, its City Council, <br />its officers, officials, employees, agents, and volunteers for losses paid under <br />the terms of any policy which arise from this Agreement. <br />(3) Primary Coverage. For any claims related to this contract, the Consultant'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 Consultant'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 Consultant'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 />Page 3 of 9 <br />#19793v7 <br />