|
b, Business automobile liability insurance, or equivalent form, with a combined single limit
<br />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 the provisions of Section 3700 of
<br />the Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to
<br />be insured against liability for worker's compensation or to undertake self - insurance.
<br />Prior to commencing the performance of the work under this Agreement,
<br />CONSULTANT agrees to obtain and maintain any employer's liability insurance with
<br />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
<br />not 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 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 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 (30)
<br />days prior written notice to the CITY.
<br />iv. CONSULTANT shall supply CITY with a filly executed additional insured
<br />endorsement.
<br />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
<br />procured and is in force and paid for, the CITY shall have the right, at the CITY's
<br />election, to forthwith terminate this Agreement. Such termination shall not affect
<br />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
<br />and agrees to indemnity the CITY for any work performed prior to approval of insurance
<br />by the CITY.
<br />INDEMNIFICATION
<br />To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold
<br />harmless CITY, its officers, agents and employees (collectively, the "indemnified parties ") from and
<br />against any and all claims (including, without limitation, claims for bodily injury, death or damage to
<br />property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines,
<br />penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements
<br />and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), to
<br />any work 'performed or services provided under this Agreement arising out of, relating to or pertaining
<br />to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, agents,
<br />employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by
<br />any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing,
<br />Page 3 of 8
<br />250 -7
<br />
|