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Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance <br />and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general <br />liability insurance naming the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s) and shall include, but not be limited to protection <br />against claims arising from bodily and personal injury, including death resulting <br />therefrom and damage to property, resulting from any act or occurrence arising out of <br />Consultant's operations in the performance of this Agreement, including, without <br />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 <br />resulting therefrom, and property damage, in the total amount of $1,000,000 per <br />occurrence, with $2,000,000 in the aggregate. Consultant shall supply City with a fully <br />executed additional insured endorsement in substantially the form attached hereto as <br />Exhibit B upon execution of this Agreement. <br />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 />Worker's Compensation Insurance. In accordance with the provisions of Section 3700 <br />of the Labor Code, Consultant, if Consultant has any employees, is required to be <br />insured against liability for worker's compensation or to undertake self-insurance. Prior <br />to commencing the performance of the work under this Agreement, Consultant agrees to <br />obtain and maintain any employer's liability insurance with limits not less than <br />$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 <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 Consultant pursuant <br />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 <br />this Agreement and shall be approved 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 (30) days prior written notice to the City. <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 election, <br />to forthwith 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 />