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<br />the willful misconduct or any negligent act or omission of the Consultant, any subcontractor, anyone <br />directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, <br />except where caused by the active negligence, sole negligence, or willful misconduct of City. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs <br />or makes to or on behalf of an injured employee under the City's self-administered workers' <br />compensation is included as a loss, expense or cost for the purposes of this section, and that this <br />section will survive the expiration or early termination of the Agreement. <br /> <br />11. Insurance. Consultant will obtain and maintain for the duration of the Agreement and any and <br />all amendments, insurance against claims for injuries to persons or damage to property which may <br />arise out of or in connection with performance of the Services by Consultant or Consultant's agents, <br />representatives, employees or subcontractors. The insurance will be obtained from an insurance <br />carrier admitted and authorized to do business in the State of California. The insurance carrier is <br />required to have a current Best's Key Rating of not less than "A-:V." <br /> <br />11.1 Coveraaes and Limits. Consultant will maintain the types of coverages and minimum <br />limits indicated below, unless Risk Manager or City Manager, in consultation with the City <br />Attorney approves a lower amount. These minimum amounts of coverage will not constitute <br />any limitations or cap on Consultant's indemnification obligations under this Agreement. City, <br />its officers, agents, volunteers and employees make no representation that the limits of the <br />insurance specified to be carried by Consultant pursuant to this Agreement are adequate to <br />protect Consultant. If Consultant believes that any required insurance coverage is inadequate, <br />Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at <br />Consultant's sole expense. <br /> <br />11.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per <br />occurrence for bodily injury, personal injury and property damage. If the submitted <br />policies contain aggregate limits, general aggregate limits will apply separately to the <br />work under this Agreement or the general aggregate will be twice the required per <br />occurrence limit. <br /> <br />11.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily <br />injury and property damage. <br /> <br />11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits <br />as required by the California Labor Code and Employer's Liability limits of $1,000,000 <br />per accident for bodily injury. Workers' Compensation and Employer's Liability <br />insurance will not be required if Consultant has no employees and provides, to City's <br />satisfaction, a declaration stating this. <br /> <br />11.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant's <br />profession with limits of not less than $1,000,000 per claim. <br /> <br />11.2. Additional Provisions. Consultant will ensure that the policies of insurance required <br />under this Agreement contain, or are endorsed to contain, the following provisions: <br /> <br />Agreement over $10K <br /> <br />D-3 <br /> <br />City Attorney Approved Version 111803 <br />