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Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any
<br /> subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement
<br /> against claims for injuries to persons or damage to property which may arise from or in connection with
<br /> services, products and materials supplied to City.Total cost of such insurance shall be borne by Consultant.
<br /> MINIMUM SCOPE AND LIMIT Of INSURANCE
<br /> I. Commercial General Liability(CGL): Insurance Services Office Form CG 00 01covering CGL on an
<br /> "occurrence" basis, including products and completed operations, property damage, bodily injury and
<br /> personal &advertising injury with limits no less than$1,000,000 per occurrence and$2,000,000
<br /> aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
<br /> 2. Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with
<br /> limits no less than$1,000,000 combined single limits. In the event Consultant does not maintain
<br /> commercial automobile liability insurance, City will accept evidence of personal automobile insurance,
<br /> provided that such policy is endorsed for business use and provides coverage with a minimum limit of
<br /> $1,000,000, Required policy limits can be met with primary and urnbrella/excess insurance policies.
<br /> 3. Workers'Compensation (WC):as required by the State of California,with Statutory Limits, and
<br /> Employer's Liability insurance with limit of no less than$1,000,000 per accident, policy or employee,for
<br /> bodily injury or disease,Coverage is not required if Consultant has no employees and signs request to
<br /> waive such insurance.
<br /> If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each
<br /> line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the
<br /> higher limits maintained by Consultant.Any available insurance proceeds in excess of the specified
<br /> minimum limits of insurance and coverage shall be available to City.
<br /> Other Insurance Provisions
<br /> The above required insurance policies are to contain or be endorsed to contain the following provisions:
<br /> I. City, its City Council, its officers, officials,employees, agents,and volunteers are to be covered as
<br /> additional insureds, under Consultant's CGL and AL policies, with respect to any liability arising out of
<br /> work or operations performed by or on behalf of the Consultant including materials, parts,equipment,
<br /> and personnel furnished in connection with such work or operations.
<br /> 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City
<br /> Council, its officers, officials, employees,agents,and volunteers for losses paid under the terms of
<br /> Consultant's CGL.,AL, and WC policies which arise from work performed by Consultant under this
<br /> Agreement.
<br /> 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any
<br /> insurance maintained by City, its City Council, its officers, officials, employees,agents, or volunteers shall
<br /> not contribute with it.
<br /> 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's
<br /> insurance shall apply separately to each insured against whom a claim is made or suit is brought, except
<br /> with respect to the insurer's limits of liability.
<br /> 5, Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided,
<br /> reduced in coverage or in limits, non-renewed by the carrier,or materially changed except after thirty
<br /> 1121 1957 I v2
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