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<br />procure the types and amounts 0 C insurance listed below against claims 11..)[ inj uries to persons or <br />damages to property that may arise from or in connection with the perll..)rmanee of the work <br />hereunder by the Consultant and its agents, representatives, employees, and subcontractors. <br />Consistent with the 1ollowing provisions, Consultant shall provide proof satisbctory to City of <br />such insurance that meets the req uirements of this section and under forms of insurance <br />satisfactory in all respects to the City. Consultant shall maintain the insurance policies required <br />by this scction throughout the tenl1 orthis Agreement. The cost of such insurance shall be <br />included in the Consultant's bid. Consultant shall not allow any subcontractor to commcnce <br />work on any subcontract until Consultant has obtaincd 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 lnsurance 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 alternative, Consultant may rely <br />on a self-insurance program to meet those requirements, but only if the program <br />oCse]f-insurance complies Cully with the provisions of the Ca]ill..)ll1ia Labor Code. <br />Determination of whether a self-insurance program meets the standards of the <br />Labor Code shall be solely in the discretion oUhe City. The insurer, i I' insurance <br />is provided, or the Consultant, if a program of self-insurance is provided, shall <br />waive all rights of subrogation against the City and its officers, officials, <br />employees, and volunteers II..)r loss arising from work performed under this <br />Agreement. <br /> <br />4.2 Commercial General and Automobile Liability Insurance. <br /> <br />4.2.] General reiluirements. Consultant, at its own cost and expense, shall <br />maintain commercial general and automobile liability insurance for the <br />terln of this Agreement in an amount not less than ONE MILLION <br />DOLLARS ($1,000,000.00) per occurrence, combined single limit <br />coverage [or risks associated with the work contemp]atcd by this <br />Agrccment. If a Commercia] General Liability Insurancc or an <br />Automobile Liability form or other fom1 with a general aggregate ]il11it is <br />used, either the general aggregate limit shall apply separately to the work <br />to be performed under this Agreement or the general aggregate limit shall <br />be at least twice the required occunence limit. Such coverage shall <br />include but shall not be limited to, protection against claims arising from <br />bodily and personal injury, including death resulting therefrom, and <br />damage to propelty resulting Ii"om activities contemplated under this <br />Agreement, including the lIse of owned and non-owned automobiles. <br /> <br />fkspcrian Boulevard/Lewelling fnlcrscdion Traffic Assessment <br /> <br />November 13, 2006 <br />Page 4 of21 <br />