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REV: 09-04-24 LF 12.1. Coverages and Limits. Consultant, at its sole expense, will maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. 12.1.1. Commercial General Liability Insurance. Consultant will maintain occurrence based coverage with limits not less than $2,000,000 per occurrence. 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 will be endorsed to name the City, its 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. 12.1.2. Business Automobile Liability Insurance. Consultant will maintain coverage with limits not less than $1,000,000 per each accident for owned, hired and non-owned automobiles. For on-call services agreements, the Business Automobile Liability insurance policy will be endorsed to name the City, its 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. 12.1.3. Workers' Compensation Insurance. Consultant will maintain coverage as required by the California Labor Code. The Workers’ Compensation policy will contain an endorsement stating that the insurer waives any right to subrogation against the City, its officers, agents, employees and volunteers. 12.1.4. Employer's Liability Insurance. Consultant will maintain coverage with limits not less than $1,000,000 per each accident for bodily injury or disease. 12.1.5. Professional Liability Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of three million dollars ($3,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period of no less than three years after completion of the services required by this agreement. The parties agree to a three million dollars ($3,000,000) cap on the indemnification obligations for professional liability insurance. ATTY/AGR.2024.153/ENGEO Incoporated (Hoover Park Geotechinical) (Page 5 of 13)