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resulting therefrom, and property damage, in the total amount of $1,000,000 per <br />occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its <br />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 <br />maintained by the City; and (c) contain standard separation of insured provisions. <br />b. Worker's Compensation Insurance. In accordance with California State law, <br />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 <br />performance of the work under this Agreement, Consultant agrees to obtain and maintain <br />any employer's liability insurance with limits not less than $1,000,000 per accident. <br />c. If Consultant is or employs a licensed professional such as an architect or <br />engineer: Professional liability (errors and omissions) insurance, with a combined single <br />limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. <br />d. The following requirements apply to the insurance to be provided by <br />Consultant pursuant to this section: <br />(i) Consultant shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. Certificates <br />of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City. <br />(ii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />e. If Consultant fails or refuses to produce or maintain the insurance required by <br />this section or fails or refuses to furnish the City with required proof that insurance has <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to terminate this Agreement. Such termination shall not affect Consultant's <br />right to be paid for its time and materials expended prior to notification of termination, <br />Consultant waives the right to receive compensation and agrees to indemnify the City for <br />any work performed prior to approval of insurance by the City. <br />7. INDEMNIFICATION <br />Consultant agrees to and shall indemnify, defend and hold harmless the City, its <br />officers, agents, employees, consultants, special counsel, and representatives from <br />liability: (1) for personal injury, damages, just compensation, restitution, judicial or <br />equitable relief arising out of claims for personal injury, including death, and claims for <br />property damage, which may arise from the negligent operations of the Consultant or its <br />contractors, subcontractors, agents, employees, or other persons acting on their behalf <br />which relates to the services described in section I of this Agreement; and (2) from any <br />Page 3 of 8 <br />25G -35 <br />