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3 <br />or occurrence arising out of Consultant’s operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts of <br />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 amount of $2,000,000 per occurrence, with $4,000,000 in the <br />aggregate. Such insurance shall (a) name the City, its officers, 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 owned, hired and non-owned automobiles. <br />c.Worker’s Compensation Insurance. In accordance with the provisions of Section <br />3700 of the Labor Code, Consultant, if Consultant has any employees, i s required <br />to be insured against liability for worker’s compensation or to undertake self- <br />insurance. Prior to commencing the performance of the work under this <br />Agreement, Consultant agrees to obtain and maintain any employer’s liability <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.Certificates 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 other material aspect without thirty <br />(30) days prior written notice to the City. <br />iv.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 has <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 />Consultant’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 />Exhibit 1