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<br />_____________________________________________________________________________________ <br />Consulting Services Agreement between Project No.: 962-86-067 <br />City of San Leandro and Aparc Systems Page 4 <br /> <br /> <br /> <br />Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole <br />cost and expense, provide all facilities and equipment that may be necessary to perform the services <br />required by this Agreement. City shall make available to Consultant only the facilities and equipment listed <br />in this section, and only under the terms and conditions set forth herein. The City shall provide: a Traffic <br />Control Plan; and the maximum overburden drill depths. <br /> <br />City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be <br />reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and <br />the information in possession of the City. The location, quantity, and time of furnishing those facilities shall <br />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 /> <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. Consistent with <br />the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the <br />requirements of this section and under forms of insurance satisfactory in all respects, and that such <br />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 <br />included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any <br />subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and <br />provided evidence that such insurance is in effect to City. Verification of the required insurance shall be <br />submitted and made part of this Agreement prior to execution. Consultant shall maintain all required <br />insurance listed herein for the duration of this Agreement. <br /> <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 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 />