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damages to property that may arise from or in connection 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 shall 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 insurance 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 bid. Consultant shall not allow any subcontractor to commence
<br />work on any subcontract until 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 />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 alternative, Consultant may rely
<br />on aself-insurance program to meet those requirements, but only if the program
<br />of self-insurance complies fully with the provisions of the California Labor Code.
<br />Determination of whether aself-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 program ofself-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 performed under this
<br />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. r`~r,r,°~-~~~' ~° r~' ~ ° ~'~~"''° ^+
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<br />Sanitary Sewer Pipeline Replacements 04-OS October 19, 2004
<br />OS-593-52-21 ] Page 4 of 22
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