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Employer's Liability Ti~surance for any and all persons employed directly <br />or indirectly by Consultant. The Statutory Workers' Compensation <br />Insurance and Employer's Liability Insurance shall be provided with <br />limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per <br />accident. In the alternative, Consultant may rely on aself-insurance <br />program to meet those requirements, but only if the program of self- <br />insurance complies fully with the provisions of the California Labor Code. <br />Determination ofwhether aself-insurance program meets the standards of <br />the Labor Code shall be solely in the discretion of the City. The insurer, if <br />insurance is provided, or the Consultant, if a program of self-insurance is <br />provided, shall waive all rights of subrogation against the City and its <br />officers, officials, employees, and volunteers for loss arising from work <br />performed under this Agreement. <br />4.2 Commercial General and Automobile Liability Insurance. <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 than ONE MILLION <br />DOLLARS ($1,000,000.00) per occurrence, combined single limit <br />coverage for risks associated with the work contemplated by this <br />Agreement. If a Commercial General Liability Insurance or an <br />Automobile Liability form or other form with a general aggregate limit 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 occurrence 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 property resulting from activities contemplated under this <br />Agreement, including the use of owned and non-owned automobiles. <br />4.2.2 Minimum scope of coverage. Commercial General Liability <br />Insurance coverage shall be at least as broad as Insurance Services Office <br />"Commercial General Liability" policy form CG 00 O1 or the exact <br />equivalent. Defense costs must be paid in addition to limits. There shall be <br />no cross liability exclusion for claims or suits by one insured against <br />another. Limits are subject to review but in no event less then $1,000,000 <br />per occurrence. Consultant agrees to have endorse the third party general <br />liability coverage required herein to included additional insureds City, its <br />officials, employees and agents, using standard ISO endorsement CG 20 <br />10. Consultant also agrees to require all contractors and subcontractors to <br />do likewise. <br />San Leandro Blvd-BART Interface Plan June, 2009 <br />5 of 38 <br />