|
<br />
<br />
<br />
<br />
<br />this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with
<br />all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages,
<br />employer's social security taxes, unemployment insurance and similar taxes relating to its own employees and shall
<br />be responsible for all applicable withholding taxes.
<br />
<br />
<br />5. INSURANCE
<br />
<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its
<br />subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability
<br />insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s)
<br />and shall include, but not be limited to protection against claims arising from bodily and personal injury, including
<br />death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant’s
<br />operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The
<br />amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal
<br />injury, including death resulting therefrom, and property damage, in the total amount of $1,000,0 00 per
<br />occurrence, with $2,000,000 in the aggregate. Such insurance shall name the City, its officers, employees, agents,
<br />and representatives as additional insured(s).
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less
<br />than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned
<br />automobiles.
<br />c. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor
<br />Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker’s
<br />compensation or to undertake self-insurance. Prior to commencing the performance of the work under this
<br />Agreement, Consultant agrees to obtain and maintain any employer’s liability insurance with limits not less than
<br />$1,000,000 per accident.
<br />d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability
<br />(errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with
<br />$2,000,000 in the aggregate.
<br />e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section:
<br />i. Consultant shall maintain all insurance required above in full force and effect for the entire
<br />period covered by this Agreement.
<br />ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement
<br />and shall be approved by the City.
<br />iii. Consultant shall supply City with a fully executed additional insured endorsement.
<br />f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or
<br />refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the
<br />City shall have the right, at the 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 notification of
<br />termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work
<br />performed prior to approval of insurance by the City.
<br />
<br />6. INTENTIONALLY OMITTED
<br />EXHIBIT 2
|