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<br /> <br /> <br /> <br /> <br /> <br /> <br /> 7. INSURANCE <br /> <br /> Prior to undertaking performance of work under this Agreement, Consultant shall maintain and <br /> 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 which shall include, but not be limited to protection against claims arising from bodily <br /> and 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 following: <br /> single limit coverage applying to bodily and personal injury, including death resulting therefrom, and <br /> property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the <br /> City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be <br /> primary and not contributory with respect to insurance or self-insurance programs maintained by the City; <br /> 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 $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired <br /> and non-owned automobiles. <br /> <br /> c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the <br /> Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for <br /> worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work <br /> under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with <br /> limits not less than $1,000,000 per accident. <br /> d. Professional liability (errors and omissions) insurance, with a combined single limit of not <br /> 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 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 /> <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 and <br /> paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such <br /> termination shall not effect Consultant's right to be paid for its time and materials expended prior to <br /> notification of termination. Consultant waives the right to receive compensation and agrees to indemnify <br /> the City for any work performed prior to approval of insurance by the City. <br /> <br /> <br /> <br /> <br /> <br /> 25F-7 <br />