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11.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's/Agency's satisfaction, a declaration stating this. 11.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Consultant's profession with limits of not less than $1,000,000 per claim. 11.2. Additional Provisions. Consultant will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 For Commercial General Liability Insurance and Automobile Liability Insurance, City/Agency, its officers, agents, volunteers and employees will be named as additional insureds. 11.2.2 Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City/Agency sent pursuant to the Notice provisions of this Agreement. 11.3 ProvidinQ Certificates of Insurance and Endorsements. Prior to City's/Agency's execution of this Agreement, Consultant will furnish certificates of insurance and endorsements to City/Agency. 11.4 Failure to Maintain CoveraQe. If Consultant fails to maintain any of these insurance coverages, then City/Agency will have the option to declare Consultant in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Consultant is responsible for any payments made by City/Agency to obtain or maintain insurance and City/Agency may collect these payments from Consultant or deduct the amount paid from any sums due Consultant under this Agreement. 11.5 Submission of Insurance Policies. City/Agency reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11.6 Primary CoveraQe. For any claims related to the Services and this Agreement, the Consultant's insurance coverage will be primary insurance with respect to City/Agency, its officers, agents, volunteers and employees. Any insurance or self- insurance maintained by City/Agency for itself, its officers, agents, volunteers and employees, will be in excess of Consultant's insurance and not contributory with it. Agreement over $10K City Attorney Approved Version 111803 4 s/library/agreements/ConsultanUConsultant_KitchelLPreconstruction Services - RWS Community Library