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Docusign Envelope ID: 630D402A-480E-441F-B23E-642A498E5ED5
<br />policies which meet the same Required Insurance requirements and insure the activities of their
<br />subcontractors in lieu of separate subcontractor insurance policies. If any of the Required Insurance
<br />contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less
<br />than two times the specified occurrence limit.
<br />12.1.1 General Liability. ENCROACHER and its contractors shall procure and maintain
<br />occurrence version general liability insurance, or equivalent form, with a
<br />combined single limit of not less than $5,000,000 per occurrence for bodily
<br />injury, personal injury, and property damage.
<br />12.1.2 Business Automobile Liability. ENCROACHER and its contractors shall procure
<br />and maintain business automobile liability insurance, or equivalent form, with a
<br />combined single Limit of not less than $1,000,000 per occurrence. Such insurance
<br />shall include coverage for the ownership, operation, maintenance, use, loading,
<br />or unloading of any vehicle owned, leased, hired, or borrowed by the insured or
<br />for which the insured is responsible.
<br />12.1.3 Workers' Compensation. ENCROACHER and its contractors shall procure and
<br />maintain workers' compensation insurance with limits as required by the Labor
<br />Code of the State of California and employers' liability insurance with limits of
<br />not less than $1,000,000 per occurrence, at all times during which insured retains
<br />employees.
<br />12.1.4 Professional Liability. For any consultant or other professional who will engineer
<br />or design the Network Facilities, liability insurance for errors and omissions with
<br />limits not less than $2,000,000 per occurrence, shall be procured and maintained
<br />for a period of five (5) years following completion of the Network Facilities.
<br />Such insurance shall be endorsed to include contractual liability.
<br />12.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved
<br />by CITY. At the option of CITY, either: (a) the insurer shall reduce or eliminate such deductibles or self-
<br />insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b)
<br />ENCROACHER and its contractors and subcontractors shall provide a financial guarantee satisfactory to
<br />City guaranteeing payment of losses and related investigation costs, claims, and administrative and
<br />defense expenses.
<br />12.3 Additional Insured; Separation of Insureds. The Required Insurance shall name CITY, its
<br />elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work
<br />performed by or on behalf of ENCROACHER or its contractors, including materials, parts, or equipment
<br />furnished in connection therewith. The Required Insurance shall contain standard separation of insureds
<br />provisions, and shall contain no special limitations on the scope of its protection to CITY, its elected
<br />officials, officers, employees, agents, and volunteers.
<br />12.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with
<br />respect to any insurance or self-insurance programs covering CITY, its elected officials, officers,
<br />employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance
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