a. Commercial General Liability Insurance, Consultant shall maintain commercial general
<br />liability insurance which shall include, but not be limited to protection against claims arising ffom bodily
<br />and personal injury, including death resulting there from and damage to property, resulting from any act
<br />or occurrence arising out of Consultant's operations in the performance of this Agreement, including,
<br />without limitation, acts involving vehicles. The amounts of insurance shall be trot less than the following,
<br />single limit coverage applying to bodily and personal injury, including death resulting there front, and
<br />property damage, in the total amount of $1;000,000 per occurrence, $2,000,000 in the aggregate. Such
<br />insurance shall (a) name the City; its officers, employees, agents, volunteers and representativcs as
<br />additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance
<br />programs maintainer{ by the City; and (c) contain standard separation of insured's provisions,
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of
<br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
<br />non -owned automobiles.
<br />c. Worker's Compensation Insurance, In accordance with file provisions of Section 3700 of the
<br />Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
<br />worker's compensation or to undertake self - insurance, Prior to commencing the performance of the work
<br />under this Agreement, Consultant agrees to obtain and maintain any employee's liability insurance with
<br />limits not less than $1 ,000,000 per accident.
<br />d. If Consultant is or employs a licensed professional such as an architect or engineer:
<br />Professional liability (errors and omissions) insurance, with a combined single limit of not less than
<br />$1,000,000 per claim.
<br />C. The following requirements apply to the insurance to be provided by Conniltant
<br />pursuant to this section:
<br />(i) Consultant shall maintain all insurance required above in full force and
<br />effect for the entire period covered by this Agreement.
<br />(ii) Certificates of insurance shall be furnished to the City upon execution of
<br />this Agreement and shall be approved in form by the City Attorney,
<br />(iii) Certificates and policies shall state that the policies shall not be canceled
<br />or reduced in coverage or changed in any other material aspect without
<br />thirty (30) days prior written notice to the City.
<br />e. If Consultant fails or refuses to produce or maintain the insurance required by this
<br />section or fails or refiises to furnish the City with required proof that insurance has been procured
<br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith
<br />terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
<br />time and materials expended prior to notification of termination. Consultant waives the right to
<br />receive compensation and agrees to indemnify the City for any work performed prior to approval
<br />of insurance by the City,
<br />6. INDEMNIFICATION
<br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives froth, liability: (1) for personal
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