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arising from bodily and personal injury, including death resulting therefrom and damage to <br />property, resulting from any act or occurrence arising out of Consultant's negligent operations in <br />the performance of this Agreement, including, without limitation, acts involving vehicles. The <br />amormts of insurance shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) <br />naive 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 <br />programs maintained by the City; and (c) contain standard separation of insured provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non -owned automobiles. <br />c. 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 performance of <br />the work under this Agreement, Consultant agrees to obtain and maintain any employer's <br />liability insurance with limits not less than $1,000,000 per accident. <br />d. 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 $1,000,000 per claim vrith $2,000,000 in the aggregate. <br />e. The following requirements apply to the insurance to be provided by Consultant <br />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. <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. <br />(iii) 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 (3 0) days prior written notice to the City. <br />(iv) Consultant shall supply City with fully executed additional insured endorsement. <br />f. If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has been procured <br />and is in force and paid for, the City shall have the right, at the City's election, to terminate this <br />Agreement. 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 />Page 3 of 8 <br />251 -61 <br />