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a. Commercial General Liability Insurance: Consultant shall maintain commercial general
<br />liability insurance naming the City, its officers, agents, volunteers, and employees as additional
<br />insured(s) and shall include, but not be limited to protection against claims arising from bodily and
<br />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
<br />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 par occurrence. Consultant shall
<br />supply City with a fully executed additional insured endorsement in substantially the form attached
<br />hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City
<br />Attorney.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of not
<br />less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -
<br />owned automobiles.
<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
<br />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. Professional Liability Insurance: If Consultant is or employs a licensed professional such as an
<br />architect or engineer, Consultant is required to carry professional liability (errors and omissions)
<br />insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim.
<br />e. The following requirements apply to the insurance to be provided by Consultant pursuant to
<br />this section:
<br />Consultant shall maintain all insurance required above in full force and effect for the
<br />entire period covered by this Agreement.
<br />ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement
<br />and 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
<br />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 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 affect 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 />8. INDE, MNITICATION
<br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, 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 />25C -5
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