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against claims arising from bodily and personal injury, including death resulting therefrom <br />and damage to property, resulting from any act or occurrence arising out of Contractor's <br />operations in the performance of this Agreement, including, without limitation, acts <br />involving vehicles. The insurance policy shall not have an exclusion for sexual <br />molestation. The amounts of insurance shall be not less than the following: single limit <br />coverage applying to bodily and personal injury, including death resulting therefrom, and <br />property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the <br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents, <br />volunteers and representatives as additional insured(s); (b) be primary and not contributory <br />with respect to insurance or self-insurance programs maintained by the City, and (c) <br />contain standard separation of insureds provisions. <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 />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) days prior written notice to the City. <br />(iv) Contractor shall supply City with a fully executed additional insured <br />endorsement. <br />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 force 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 />#S944v1 <br />