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6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general <br />liability insurance naming the City, its officers, agents, volunteers, and employees as additional <br />insured(s) and shall include, but not be limited to protection against claims arising from bodily and <br />personal injury, including death resulting therefrom and damage to property, resulting from any act or <br />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 not less than the <br />following: single limit coverage applying to bodily and personal injury, including death resulting <br />therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall <br />supply City with a fully executed additional insured endorsement in substantially the form attached <br />hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City <br />Attorney. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit <br />of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired <br />and non -owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of <br />the Labor Code, Consultant, if Consultant has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability 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 of not less than <br />$1,000,000 per claim. <br />e. The following requirements apply to the insurance to be provided by Consultant pursuant <br />to this section: <br />(i) Consultant shall maintain all insurance required above in full force and effect <br />for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of this <br />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 or <br />reduced in coverage or changed in any other material aspect without thirty (30) <br />days prior written notice to the City. <br />f. If Consultant fails or refuses to produce or maintain the insurance required by this section <br />or fails or refuses to furnish the City with required proof that insurance has been procured and is in <br />force and paid for, the City shall have the right, at the City's election, to forthwith terminate this <br />Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials <br />expended prior to 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 insurance by the City. <br />