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insurance shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property <br />damage, in the total mount of $1,000,000 per occurrence, with $2,000,000In the <br />aggregate. Such insurance shall (a) name the City, its officexs, employees, agents, <br />and representatives as additional insured(s); (b) be primary and not contributory <br />with respect to insurance or self insurance programs maintained by the City; and . <br />(c) contain standard separation of insureds provisions, <br />b. Business automobile liability insurance, or equivalent form, with a combined, single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include <br />coverage for owricd, hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section <br />370.0 of the Labor Code, Contractor, if Consultant has any employees, is required <br />to be insured a ainst .liability for worker's compensation or , to undertake self <br />insurance. Prior to cornm.en ing the performance of .the work under. this , <br />Agreement, Consultant agrees. to obtain and maintain any employer's lip: # ty <br />insurance with 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 <br />of not less than $1,000,000 per claim with $2,000,000 in the aggregate. <br />e. The .following requirements apply to the insurance to be provided by Consultant <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. Cei•ti icates of insurance shall be furnished to the City upon execution of <br />this Agreement and shall be approved by the City. <br />iii. Certificates and policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any ether material aspect without thirty <br />(30) days prior written notice.to the City. <br />iv. Where the amounts or coverage provided by the certificates of insurance <br />provides coverage greater than those listed by this Agreement, the amounts <br />provided by the certificates of insurance shall be incorporated by reference <br />into .the Agreement, <br />v. Consultant shall supply City with a fully executed additional insured <br />endorsement. <br />f 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 bag <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Agreement. Such termination shall not affect <br />Contractor's right to be paid for its time and materials expended prior to notification <br />of termination. Consultant waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance by the <br />City. <br />Page 3 of S <br />#63027v1 <br />