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<br />procure the types and amounts of insurance listed below against claims for injuries to persons or <br />damages to property that may arise from or in conncction with the performance of the work <br />hereunder by the Consultant and its agents, representatives, employees, and subcontractors. <br />Consistent with the following provisions, Consultant sha1l provide proof satisfactory to City of <br />such insurance that meets the requirements of this section and under forms of insurance <br />satisfactory in all respects to the City. Consultant shall maintain the insunmcc policies required <br />by this section throughout the term of this Agreement. The cost of such insurance shall be <br />included in the Consultant's hid. Consultant shall not allow any subcontractor to commence <br />work on any subcontract untj I Consultant has obtained all insurance required herein for the <br />subcontractor(s) and provided evidence thereof to City. Verification of the required insurance <br />shall be submitted and made part of this Agreement prior to execution. <br /> <br />4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, <br />maintain Statutory Workers' Compensation Insurance and Employer's Liability <br />Insurance for any and all persons employed directly or indirectly by Consultant. <br />The Statutory Workers' Compensation Insurance and Employer's Liability <br />Insurance shall be provided with limits of not less than ONE MILLION <br />DOLLARS ($1,000,000.00) per accident. In the altemative, Consultant may rely <br />on a self-insurance program to meet those requirements, hut only if the program <br />of self-insurance eomplies fully with the provisions of the Califomia Labor Code, <br />Determination of whether a self-insurance program meets the standards of the <br />Labor Code shall be solely in the discretion of the City. The insurer, if insurance <br />is provided, or the Consultant, if a prof,Jfam of self-insurance is provided, shall <br />waive all rights of subrogation against the City and its officers, officials, <br />employees, and volunteers for loss arising from work perfonned under this <br />Agreement. <br /> <br />4.2 Commercial General and Automobile Liability Insurance. <br /> <br />4.2.1 General requirements. Consultant, at its own cost and expense, shall <br />maintain commercial general and automobile liability insurance for the <br />term of this Agreement in an amount not less them ONE MILLION <br />DOLLARS ($1,000,000.00) per occurrence, combined single limit <br />coverage for risks associated with the work contemplated hy this <br />Agreement. If a Commercial General Liability Insurance or an <br />Automobile Liability fonn or other fom) with a general aggregate limit is <br />used, either the general agf,'Tegate limit shall apply separately to the work <br />to be perfomled under this Agreement or the general aggregate limit shall <br />be at least twice the required occurrence limit. Such coverage shall <br />include but shall not be limited to, protection against claims arising hum <br />bodily and personal injury, including death resulting therefrom, and <br />damage to property resulting from activities contemplated under this <br />Agreement, including the use of owned and non-owned automobiles. <br /> <br />Hesperian Boulevard/Lewelling Intersection Traffic Assessment <br /> <br />November 13,2006 <br />Page4of21 <br />