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2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or <br /> incur any costs whatsoever under the terms of this Agreement until receipt of authorization from <br /> the Contract Administrator. <br /> Section 3. FACILITIES AND EQUIPMENT. Contractor shall, at its sole cost and expense, provide all facilities <br /> and equipment that may be necessary to perform the services required by this Agreement. City may, in its discretion, <br /> provide Contractor facilities and equipment that may be necessary, but only after City is satisfied that Contractor and <br /> its individual employees are trained to use such facilities or equipment safely and properly. <br /> Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at <br /> its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed <br /> below against claims for injuries to persons or damages to property that may arise from or in connection with the <br /> performance of the work hereunder by the Contractor and its agents, representatives, employees, and <br /> subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such <br /> insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and <br /> that such insurance is in effect prior to beginning work to the City. Contractor shall maintain the insurance policies <br /> required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the <br /> Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor <br /> has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in <br /> effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to <br /> execution. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. <br /> 4.1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain Statutory <br /> Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons <br /> employed directly or indirectly by Contractor. The Statutory Workers' Compensation Insurance and <br /> Employer's Liability Insurance shall be provided with limits of not less than $1,000,000.00 per <br /> accident. In the altemative, Contractor may rely on a self- insurance program to meet those <br /> requirements, but only if the program of self- insurance complies fully with the provisions of the <br /> Califomia Labor Code. Determination of whether a self- insurance program meets the standards of <br /> the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if <br /> insurance is provided, or the Contractor, if a program of self- insurance is provided, shall waive all <br /> rights of subrogation against the City and its officers, officials, employees, and volunteers for loss <br /> arising from work performed under this Agreement. <br /> 4.2 Commercial General and Automobile Liability Insurance. <br /> 4.2.1 General requirements. Contractor, at its own cost and expense, shall maintain <br /> commercial general and automobile liability insurance for the term of this Agreement in an <br /> amount not less than $1,000,000.00 per occurrence, combined single limit coverage for <br /> risks associated with the work contemplated by this Agreement. If a Commercial General <br /> Liability Insurance or an Automobile Liability form or other form with a general aggregate <br /> limit is used, either the general aggregate limit shall apply separately to the work to be <br /> performed under this Agreement or the general aggregate limit shall be at least twice the <br /> required occurrence limit. Such coverage shall include but shall not be limited to, <br /> protection against claims arising from bodily and personal injury, including death resulting <br /> therefrom, and damage to property resulting from activities contemplated under this <br /> Agreement, including the use of owned and non -owned automobiles. If no owned or non - <br /> owned automobiles will be used under this Agreement, Contractor shall provide a <br /> statement that provides under penalty of perjury that no owned or non -owned automobiles <br /> will be used in the performance of this Agreement. <br /> NPSA 51517- Citywide Landscape - Pacheco Brothers Page 3 of 25 <br />