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d. The Consultant's insurance shall apply separately to each insured <br />against whom claim is made or suit is brought, except with respect <br />to the limits of the insurer's liability. <br />2. Workers' Compensation and Employers Liability Coverage. <br />"The insurer shall agree to waive all rights of subrogation against the City, <br />its officers, officials, employees and volunteers for losses arising from <br />work perkormed by the Consultant for the City. <br />3. Professional Liability. <br />CenSUitilnt Shall Cil('r~' prU~C~slenai ~labl~lt~~ msUranCC ]I"1 an i1111O11n1 eI nUt <br />less than `~l,000,UOO ag~iinst liability caused by liegligcnt acts, errors or <br />emissions en the part el~ the Consultant in the course oI' perti~rmance of the <br />services spccilied in this Agreement. <br />4. All Coverages. <br />Each insurance policy required by this clause shall be endorsed to state <br />that coverage shall not be suspended, voided, canceled by either party, <br />reduced in coverage or in limits except after thirty (30) days' prior written <br />notice, has been given to the City. <br />(e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' <br />rating of no less than A: V1I. <br />(t) Verification of Coverage. Consultant shall furnish City with certiificates of <br />insurance and with original endorsements effecting coverage required by this <br />clause. The certificates and endorsements for each insurance policy are to be <br />signed by a person authorized by that insurer to bind coverage on its behalf. The <br />certificates and endorsements are to be received and approved by the City before <br />work commences. The City reserves the right to require complete, certified copies <br />of all required insurance policies, at any time. <br />(g) Subconsultants. Consultant shall include all subeonsultants as insureds under its <br />policies or shall furnish separate certificates and endorsements for each. <br />subconsultant. All coverages for subeonsultants shall be subject to all of the <br />requirements stated herein. <br />(h) The Risk Manager of City may approve a variation in those insurance <br />requirements upon a determination that the coverages, scope, limits and forms of <br />such insurance are either not commercially available or that the City's interests are <br />otherwise fiilly protected. <br />5. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall <br />have no authority, express or implied, to act on behalf of City in any capacity whatsoever <br />Exhibit D Page 3 of 6 <br />Floresta Park Restrom <br />