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Business automobile liability insurance, or equivalent form, with a combined single limit <br />of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include <br />coverage for owned, hired and non -owned automobiles. <br />Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of <br />the Labor Code, Consultant is required to be insured against liability for Workers' Compensation <br />or to undertake self - insurance. Prior to commencing the performance of the work under this <br />contract, Consultant agrees to obtain and maintain any employer's liability insurance with limits <br />not less than One Million Dollars ($1,000,000) per accident. <br />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 <br />than One Million Dollars ($1,000,000) per claim. <br />The following requirements apply to the insurance to be provided by Consultant pursuant <br />to this section: <br />a. Consultant shall maintain all insurance required above in full force and effect for the <br />entire period covered by this agreement. <br />b. Certificates of insurance shall be furnished to the City upon execution of this contract and <br />shall be approved in form by the City Attorney. <br />c. Certificates and policies shall state that the policies shall not be canceled or reduced in <br />coverage or changed in any other material aspect without thirty (30) days prior written <br />notice to the City. <br />If Consultant fails or refuses to produce or maintain the insurance required by this section <br />or fails or refuses to furnish the City with required proof that insurance has been procured and is <br />in force and paid for, the City shall have the right, at the City's election, to forthwith terminate <br />this contract. Such termination shall not affect Consultant's right to be paid for its time and <br />materials expended prior to notification of termination. Consultant waives the right to receive <br />compensation and agrees to indemnify the City for any work performed prior to approval of <br />insurance by the City. <br />6. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers and <br />employees from liability for personal injury, damages, just compensation, restitution, judicial or <br />equitable relief arising out of claims for personal injury and claims for property damage, which <br />may arise from the direct or indirect operations of the Consultant or its contractors, <br />subcontractors, agents, employees, or other persons acting on their behalf which relates to the <br />services described in section I of this Agreement, but only to the extent that it pertains to, or <br />relates to the negligence, recklessness, or willful misconduct of the design professional. This <br />indemnity and hold harmless agreement applies to all claims for damages, just compensation, <br />25K -6 <br />