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5. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Contractor 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, and in the aggregate. Such insurance
<br />shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs
<br />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 $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
<br />non -owned automobiles.
<br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
<br />Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with
<br />limits not less than $1,000,000 per accident.
<br />d. If Contractor 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 />e. The following requirements apply to the insurance to be provided by Contractor pursuant to
<br />this section:
<br />i. Contractor shall maintain all insurance required above in full force and effect for the entire
<br />period covered by this Agreement.
<br />ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and
<br />shall be approved in form by the City Attorney.
<br />iii. Certificates and policies shall state that the policies shall not be cancelled or reduced in
<br />coverage or changed in any other material aspect without thirty (30) days prior written notice
<br />to the City.
<br />f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to
<br />notification of termination. Contractor 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 />6. INDEMNIFICATION
<br />Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, Contractors, special counsel, and representatives from liability: (1) for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including health, and claims for property damage, which may arise from the direct or indirect
<br />operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting
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