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REV: 06-22-2023 JB <br />11.8 The parties expressly agree that this Section 11 will survive the expiration <br />or early termination of the Agreement. <br />12. Insurance. Consultant will obtain and maintain for the duration of the Agreement <br />and any and all amendments, insurance against claims for injuries to persons or damage <br />to property which may arise out of or in connection with performance of the Services by <br />Consultant or Consultant’s agents, representatives, employees or subcontractors. The <br />insurance carrier is required to maintain an A.M. Best rating of not less than “A-:VII”. <br />12.1 Coverages and Limits. Consultant, at its sole expense, will maintain the <br />types of coverages and minimum limits indicated below, unless otherwise <br />approved by City in writing. These minimum amounts of coverage will not <br />constitute any limitations or cap on Consultant's indemnification obligations under <br />this Agreement. <br />12.1.1 Commercial General Liability Insurance. Consultant will maintain <br />occurrence-based coverage with limits not less than $2,000,000 per <br />occurrence. If the submitted policies contain aggregate limits, such limits <br />will apply separately to the Services, project, or location that is the subject <br />of this Agreement or the aggregate will be twice the required per occurrence <br />limit. The Commercial General Liability insurance policy will be endorsed <br />to name the City, its officers, agents, employees and volunteers as <br />additional insureds, and to state that the insurance will be primary and not <br />contribute with any insurance or self-insurance maintained by the City. <br />12.1.2 Business Automobile Liability Insurance. Consultant will maintain <br />coverage with limits not less than $1,000,000 per each accident for owned, <br />hired and non-owned automobiles. For on-call services agreements, the <br />Business Automobile Liability insurance policy will be endorsed to name the <br />City, its officers, agents, employees and volunteers as additional insureds, <br />and to state that the insurance will be primary and not contribute with any <br />insurance or self-insurance maintained by the City. <br />12.1.3 Workers' Compensation Insurance. Consultant will maintain <br />coverage as required by the California Labor Code. The Workers’ <br />Compensation policy will contain an endorsement stating that the insurer <br />waives any right to subrogation against the City, its officers, agents, <br />employees and volunteers. <br />12.1.4 Employer's Liability Insurance. Consultant will maintain coverage <br />with limits not less than $1,000,000 per each accident for bodily injury or <br />disease. <br />ATTY/AGR.2023.045/CSG (On-Call Engineering Services) (Page 5 of 14)