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a. Commercial General Liability Insurance. Consultant shall maintain commercial <br /> general liability insurance which shall include, but not be limited to protection against claims <br /> arising from bodily and personal injury, including death resulting therefrom and damage to <br /> property, resulting from any act or occurrence arising out of Consultant's operations in the <br /> 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 <br /> bodily and personal injury, including death resulting therefrom, and property damage, in the total <br /> amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) <br /> name the City, its officers, employees, agents, volunteers and representatives as additional <br /> insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the <br /> City; and (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 $2,000,000 combined single limit. Such insurance shall include coverage <br /> for owned, hired and non-owned automobiles. <br /> c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br /> of 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. Professional liability (errors and omissions) insurance, with a combined single limit <br /> of not less than $1,000,000 per claim, and $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 in form by the City Attorney. <br /> (iii) Certificates and policies shall state that the policies shall not be canceled <br /> or reduced in coverage or changed in any other material aspect without <br /> thirty (30) days prior written notice to the City. <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 been procured <br /> and is in force and paid for, the City shall have the right, at the City's election, to forthwith <br /> terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its <br /> time and materials expended prior to notification of termination. Consultant waives the right to <br /> <br /> receive compensation and agrees to indemnify the City for any work performed prior to approval <br /> <br /> of insurance by the City. <br /> 3 <br /> 25B-5 <br /> <br />