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<br /> <br /> <br /> <br /> <br /> <br /> <br /> a. Commercial General Liability Insurance. Consultant shall maintain <br /> commercial general liability insurance which shall include, but not be limited to <br /> protection against claims arising from bodily and personal injury, including death <br /> resulting therefrom and damage to property, resulting from any act or occurrence arising <br /> out of Consultant's operations in the performance of this Agreement, including, without <br /> 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 <br /> resulting therefrom, and property damage, in the total amount of $1,000,000 per <br /> occurrence. Such insurance shall (a) name the City, its officers, employees, agents, <br /> volunteers and representatives as additional insured(s); (b) be primary with respect to <br /> insurance or self-insurance programs maintained by the City; and (c) contain standard <br /> separation of insureds provisions. <br /> b. Business automobile liability insurance, or equivalent form, with a combined <br /> single limit of not less than $2,000,000 combined single limit. Such insurance shall <br /> include coverage for owned, hired and non-owned automobiles. <br /> c. Worker's Compensation Insurance. In accordance with the provisions of <br /> Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required <br /> to be insured against liability for worker's compensation or to undertake self-insurance. <br /> Prior to commencing the performance of the work under this Agreement, Consultant <br /> agrees to obtain and maintain any employer's liability insurance with limits not less than <br /> $1,000,000 per accident. <br /> <br /> d. Professional liability (errors and omissions) insurance, with a combined single <br /> limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. <br /> <br /> e. The following requirements apply to the insurance to be provided by <br /> Consultant 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 /> <br /> f. If Consultant fails or refuses to produce or maintain the insurance required by <br /> this 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 effect <br /> 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 <br /> indemnify the City for any work performed prior to approval of insurance by the City. <br /> <br /> <br /> <br /> <br /> <br /> 25J-5 <br />