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4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain <br />Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any <br />and all persons employed directly or indirectly by Consultant. The Statutory Workers' <br />Compensation Insurance and Employer's Liability Insurance shall be provided with limits of <br />not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self - <br />insurance program to meet those requirements, but only if the program of self- insurance <br />complies fully with the provisions of the California Labor Code. Determination of whether a <br />self- insurance program meets the standards of the Labor Code shall be solely in the <br />discretion of the Contract Administrator. The insurer, if insurance is provided, or the <br />Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation <br />against the City and its officers, officials, employees, and volunteers for loss arising from <br />work 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 maintain <br />commercial general and automobile liability insurance for the term of this <br />Agreement in an amount not less than $1,000,000 per occurrence, combined <br />single limit coverage for risks associated with the work contemplated by this <br />Agreement. If a Commercial General Liability Insurance or an Automobile Liability <br />form or other form with a general aggregate limit is used, either the general <br />aggregate limit shall apply separately to the work to be performed under this <br />Agreement or the general aggregate limit shall be at least twice the required <br />occurrence limit. Such coverage shall include but shall not be limited to, protection <br />against claims arising from bodily and personal injury, including death resulting <br />therefrom, and damage to property resulting from activities contemplated under <br />this Agreement, 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 form <br />CG 0001 (most recent edition) covering comprehensive General Liability on an <br />"occurrence" basis. Automobile coverage shall be at least as broad as Insurance <br />Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 <br />(any auto). 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 />The Insurance shall cover on an occurrence or an occurrence basis, and <br />not on a claims -made basis. <br />City, its officers, officials, employees, and volunteers are to be covered as <br />insureds as respects: liability arising out of work or operations performed <br />by or on behalf of the Consultant; or automobiles owned, leased, hired, or <br />borrowed by the Consultant <br />G: \OBD \Downtown \Downtown PBID \NCA Agreements \CSA6- 19- 12.doc <br />