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Section 4 INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own <br /> cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below <br /> 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 Consultant and its agents, representatives, employees, and <br /> subconsultants. Consistent with the following provisions, Consultant 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. Consultant 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 /> Consultant's bid. Consultant shall not allow any subconsultant to commence work on any subcontract until <br /> Consultant has obtained all insurance required herein for the subconsultant(s) and provided evidence that such <br /> insurance is in effect to City. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND <br /> MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance <br /> listed herein for the duration of this Agreement. <br /> 4.1 Workers' Compensation. <br /> 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory <br /> Workers' Compensation Insurance and Employer's Liability Insurance for any and all <br /> 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 California Labor Code shall be solely in <br /> the discretion of the Contract Administrator. <br /> The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor <br /> of the entity for all work performed by the Consultant, its employees, agendas, and <br /> subconsultants. <br /> 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the <br /> following: <br /> a. Certificate of Liability Insurance in the amounts specified in the section; and <br /> b. Waiver of Subrogation Endorsement as required by the section. <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 liability insurance for the term of this Agreement in an amount not less <br /> than $2,000,000 and automobile liability insurance for the term of this Agreement in an <br /> amount not less than $1,000,000 per occurrence, combined single limit coverage for risks <br /> 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 /> Consulting Services Agreement between January 17, 2017 <br /> City of San Leandro and SmartWAVE Technologies Page 4 of 16 <br />