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Workers' Compensation Insurance and Employer's Liability Insurance shall be <br />provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per <br />accident. In the alternative, Consultant may rely on aself-insurance program to meet <br />those requirements, but only if the program ofself-insurance complies fully with the <br />provisions of the California Labor Code. Determination ofwhether aself-insurance <br />program meets the standards of the Labor Code shall be solely in the discretion of the <br />City. The insurer, if insurance is provided, or the Consultant, if a program of self- <br />insurance is provided, shall waive all rights of subrogation against the City and its <br />officers, officials, employees, and volunteers for loss arising from work performed <br />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 maintain <br />commercial general and automobile liability insurance for the term of this <br />Agreement in an amount not less than ONE MILLION DOLLARS <br />($1,000,000.00) per occurrence, combined single limit coverage for risks <br />associated with the work contemplated by this Agreement. If a Commercial <br />General Liability Insurance or an Automobile Liability form or other form with <br />a general aggregate limit is used, either the general aggregate limit shall apply <br />separately to the work to be performed under this Agreement or the general <br />aggregate limit shall be at least twice the required occurrence limit. Such <br />coverage shall include but shall not be limited to, protection against claims <br />arising from bodily and personal injury, including death resulting therefrom, and <br />damage to property resulting from activities contemplated under this Agreement, <br />including the use of owned and non-owned automobiles. <br />4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as <br />broad as Insurance Services Office Commercial General Liability occurrence <br />form CG 0001 (ed. 11/88) or GL 0002 (ed.l/73) covering comprehensive <br />General Liability and Insurance Services Office form number GL 0404 covering <br />Broad Form Comprehensive General Liability. Automobile coverage shall be at <br />least as broad as Insurance Services Office Automobile Liability form CA 0001 <br />(ed. 12/90) Code 1. No endorsement shall be attached limiting the coverage. <br />4.2.3 Additional requirements. Each of the following shall be included in the <br />insurance coverage or added as a certified endorsement to the policy: <br />a. The insurance shall cover on an occurrence or an accident basis, and not <br />on a claims-made basis. <br />b. Any failure of Consultant to comply with reporting provisions of the <br />policy shall not affect coverage provided to City and its officers, <br />employees, agents, and volunteers. <br />Washington Manor Park Aquatics Center September 26, 2005 <br />Project No. 210-62-002 Page 4 of 16 <br />