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C. Worker's Compensation Insurance. In accordance with the California Labor Code,
<br />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
<br />performance of the work under this Agreement, Contractor agrees to obtain and maintain
<br />any employer's liability insurance with 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
<br />less than $1,000,000 per claim with $2,000,000 in the aggregate.
<br />e. The following requirements apply to the insurance to be provided by Contractor pursuant
<br />to this section;
<br />(i) Contractor 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
<br />this Agreement and shall be approved by the City.
<br />(iii) Certificates and policies shall state that the policies shall not be canceled or
<br />reduced in coverage or changed in any other material aspect without thirty
<br />(30) clays prior written notice to the City.
<br />(iv) Contractor shall supply City with a fully executed additional insured
<br />endorsement.
<br />f If Contractor 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
<br />and is in forma and paid for, the City shall have the right, at the City's election; to terminate
<br />this Agreement. Such termination shall not affect Contractor's right to be paid for its time
<br />and materials expended prior to notification of termination. Contractor waives the right to
<br />receive compensation and agrees to indemnify the City for any work performed prior to
<br />approval of insurance by the City.
<br />ITN DEMNIFICATION
<br />Contractor agrees to and shall indemnify, defend, 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 injury,
<br />including death, and claims for property damage, which may arise from the negligent operations of the
<br />Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates
<br />to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief is duo by reason of the terms of or
<br />effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
<br />damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
<br />suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
<br />il'om this Agreement. The Contractor farther agrees to indemnify, hold harmless, and pay all costs for the
<br />defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
<br />action by a third party challenging the validity of this Agreement, or asserting that personal injury,
<br />damages, just compensation, restitation, judicial or equitable relief due to personal or property rights aliscs
<br />by reason of the teams of, or effects arising from this Agreement. City may mance all reasonable decisions
<br />256-5
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