Agmt21 Groundwater and Environmental Services, Inc.

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12. Insurance. Consultant shall obtain and maintain from prior to commencement of the work and for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant's agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than "A -:VII". 12.1 Coverages and Limits. Consultant, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City and REG8 Sequoia Station, LLC in writing. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. REV: 05-07-2021 MI 12.1.1 Commercial General Liability Insurance. Consultant shall maintain occurrence -based coverage with limits not less than $6,000,000 per occurrence; the required limit may be met by any combination of primary and excess or umbrella insurance. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy shall be endorsed to name Safeway Inc., REG8 Sequoia Station, LLC, the City, their officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City and REG8 Sequoia Station, LLC. 12.1.2 Business Automobile Liability Insurance. Consultant shall maintain coverage with limits not less than $1,000,000 per each accident for owned, hired and non -owned automobiles. 12.1.3 Workers' Compensation and Employer's Liability Insurance. Consultant shall maintain coverage as required by the California Labor Code and Employer's Liability limits with limits not less than $1,000,000 per each accident for bodily injury or disease. The Workers' Compensation policy shall contain an endorsement stating that the insurer waives any right to subrogation against the City, its officers, agents, employees and volunteers. 12.1.4 Professional Liability Insurance. Consultant will maintain coverage with limits not less than $2,000,000 per occurrence. Professional Liability may be written as claims -made coverage. 12.1.5 Consultant's Pollution (Legal) Liability. Consultant shall maintain coverage in the amount not less than $3,000,000 per occurrence or claim, and $3,000,000 policy aggregate. The Consultant's Pollution Liability insurance policy shall be endorsed to name Safeway Inc., REG8 Sequoia ATTY/AGR.2021.102/Groundwater and Environmental Services, Inc. (Page 5 of 15)