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c. Worker's Compensation Insurance. In accordance with the California Labor
<br />Code, Consultant, if Consultant has any employees, is required to be insured
<br />against liability for worker's compensation or to undertake self-insurance. Prior to
<br />commencing the performance of the work under this Agreement, Consultant
<br />agrees to obtain and maintain any employer's liability insurance with limits not
<br />less than $1,000,000 per accident.
<br />d. If Consultant is or employs a licensed professional such as an architect or
<br />engineer: Professional liability (errors and omissions) insurance, with a combined
<br />single limit of not less than $2,000,000 per claim with $2,000,000 in the
<br />aggregate.
<br />e. If Consultant fails or refuses to produce or maintain the insurance required by this
<br />section or fails or refuses to furnish the City with required proof that insurance has
<br />been procured and is in force and paid for, the City shall have the right, at the
<br />City's election, to forthwith terminate this Agreement. Such termination shall not
<br />affect Consultant's right to be paid for its time and materials expended prior to
<br />notification of termination. Consultant waives the right to receive compensation
<br />and agrees to indemnify the City for any work performed prior to approval of
<br />insurance by the City.
<br />f. (1) The City, its officers, officials, employees, and volunteers are to be covered as
<br />additional insureds on the CGL policy with respect to liability arising out of work
<br />or operations performed by or on behalf of the Consultant including materials,
<br />parts, or equipment furnished in connection with such work or operations. General
<br />liability coverage can be provided in the form of an endorsement to the
<br />Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG
<br />20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions
<br />used) (2) For any claims related to this contract, the Consultant's insurance
<br />coverage shall be primary insurance coverage at least as broad as ISO CG 20 01
<br />04 13 as respects the City, its officers, officials, employees, and volunteers. Any
<br />insurance or self-insurance maintained by the City, its officers, officials,
<br />employees, or volunteers shall be excess of the Consultant's insurance and shall
<br />not contribute with it; (3) contain standard separation of insured provisions; (4)
<br />Each insurance policy required above shall state that coverage shall not be
<br />canceled, except with notice to the City; (5) Insurance is to be placed with
<br />insurers authorized to conduct business in the state with a current A.M. Best's
<br />rating of no less than A: VII, unless otherwise acceptable to the City; (6)
<br />Consultant shall require and verify that all subcontractors maintain insurance
<br />meeting all the requirements stated herein, and Consultant shall ensure that City is
<br />an additional insured on insurance required from subcontractors.
<br />6. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, Consultants, special counsel, and representatives from liability: (1) for
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
<br />claims for personal injury, including death, and claims for property damage, which may arise
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