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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 and not contributory with respect to insurance
<br />or self-insurance programs maintained by the City; and (c) contain standard separation of insureds
<br />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. When Consultant provides professional personnel, such as engineers, Consultant shall
<br />provide professional liability (errors and omissions) insurance covering such personnel's services, with
<br />a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate.
<br />The following requirements apply to the insurance to be provided by Consultant pursuant to
<br />this section:
<br />(i) Consultant shall maintain all insurance required above in full force and effect for
<br />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 prior
<br />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 />agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
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