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a. Commercial General Liability Insurance. Consultant shall maintain commercial general <br />liability insurance which shall include, but not be limited to protection against claims arising from <br />bodily and personal injury, including death resulting therefrom and damage to property, resulting from <br />any act or occurrence arising out of Consultant's operations in the performance of this Agreement, <br />including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than <br />the 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, $2,000,000 in the <br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance <br />programs maintained by the City; and (c) contain standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of <br />not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, <br />hired 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 liability <br />for worker's compensation or to undertake self-insurance. Prior to commencing the performance of <br />the work under this 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 of not less than <br />$1,000,000 per claim. <br />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 or <br />fails or refuses to furnish the City with required proof that insurance has been procured and is in force <br />and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. <br />Such termination shall not effect Consultant's right to be paid for its time and materials expended <br />prior to notification 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 City. <br />8. INDEMNIFICATION <br />Consultant agrees to and shall indemnify, defend and hold harmless the City, its officers, <br />Page 26 of 48 <br />19H-29