Laserfiche WebLink
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve <br />incurring any direct expense, including but not limited to computer, long-distance telephone or other <br />communication charges, vehicles, and reproduction facilities. <br />Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, <br />Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and <br />amounts of insurance listed below against claims for injuries to persons or damages to property that may <br />arise from or in connection with the performance of the work hereunder by the Consultant and its agents, <br />representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall <br />provide proof satisfactory to City of such insurance that meets the requirements of this section and under <br />forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to <br />the City. Consultant shall maintain the insurance policies required by this section throughout the term of <br />this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not <br />allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance <br />required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. <br />Verification of the required insurance shall be submitted and made part of this Agreement prior to <br />execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. <br />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 $1,000,000.00 per accident. In the alternative, Consultant may rely on aself- <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 $1,000,000.00 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 genera- <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 />Consulting Services Agreement between April 7, 2008 <br />City of San Leandro and TJKM Traffic Consultants Page 4 of 14 <br />989844-1 <br />