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4 <br /> 3239132.3 City Loan Agreement <br />limitation, all applicable requirements of state and local building codes and regulations, and all applicable <br />statutes and regulations relating to accessibility for the disabled. <br />3.3 INSURANCE. Borrower shall procure and maintain for the duration of the Agreement, <br />insurance against claims for injuries to persons or damages to property which may arise from or in <br />connection with the performance of the work hereunder by Borrower, its agents, representatives, <br />employees, contractors or subcontractors. Consistent with the following provisions, Borrower shall provide <br />proof satisfactory to City of such insurance that meets the requirements of this section and under forms of <br />insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Borrower <br />shall maintain the insurance policies required by this section throughout the term of this Agreement. <br />Borrower shall not allow any contractor to commence work until Borrower has obtained all insurance <br />required herein for the contractor and provided evidence to the City that such insurance is in effect. <br />Verification of the required insurance shall be submitted and made part of this Agreement prior to <br />execution. Borrower shall maintain all required insurance listed herein for the duration of this Agreement. <br />A. Workers’ Compensation. Borrower 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 Borrower. The Statutory Workers’ Compensation Insurance <br />and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per <br />accident. In the alternative, Borrower 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 />California Labor Code. Determination of whether a self-insurance program meets the standards <br />of the Labor Code shall be solely in the discretion of the City. The insurer, if insurance is provided, <br />or the Borrower, 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 work <br />performed under this Agreement. <br />B. Commercial General and Automobile Liability Insurance. <br />1) General requirements. Borrower, at its own cost and expense, shall maintain <br />commercial general and automobile liability insurance for the term of this Agreement in <br />an amount not less than $2,000,000 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 <br />the 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 <br />resulting therefrom, and damage to property resulting from activities contemplated under <br />this Agreement, including the use of owned and non-owned automobiles. <br />2) Minimum scope of coverage. Commercial general coverage shall be at least as broad <br />as Insurance Services Office Commercial General Liability occurrence form CG 0001 <br />(most recent edition) covering comprehensive General Liability on an “occurrence” <br />basis. Automobile coverage shall be at least as broad as Insurance Services Office <br />Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No <br />endorsement shall be attached limiting the coverage. <br />256