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DocuSign Envelope ID: 46F09088-E5FE-4708-BOAF-F6D3FD9BAA2F <br />and shall take such other action as is required to fulfill its obligations under this section. It <br />is the intent of the City to provide a safe working environment under normal conditions. <br />CONSULTANT IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE <br />INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED <br />SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE <br />TO PATHOGENS. <br />Consultant shall maintain all portions of the jobsite in a neat, clean, and sanitary condition <br />at all times. If required by the City, toilets shall be furnished by Consultant where needed <br />for use of its employees and their use shall be strictly enforced. Consultant shall not use <br />the City's existing sanitary facilities, unless previously authorized by the City. <br />Consultant shall keep adequate first aid facilities and supplies available and instruction in <br />first aid for its employees shall be given. <br />City reserves the right to require that Consultant bring onto the project or engage the <br />services of a licensed safety engineer at any time during the term of this Agreement. If <br />Consultant does not have a licensed safety engineer on staff, then City may require that <br />Consultant engage a subcontractor or subconsultant as the project's safety engineer. <br />Consultant shall bear all costs in connection with meeting the requirements of this section <br />provided that City requires the hiring of a project safety engineer upon execution of the <br />applicable SOW. If City requires the hiring of a project safety engineer after the applicable <br />SOW is executed, City shall pay for such engineer's services. <br />Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its <br />own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance <br />listed below, against claims for injuries to persons or damages to property that may arise from or in <br />connection with the performance of the work hereunder by the Consultant and its agents, representatives, <br />employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof <br />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 the Services. <br />Consultant shall maintain the insurance policies required by this section throughout the term of this <br />Agreement. The cost of such insurance shall be included in the Compensation. Consultant shall not allow <br />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 <br />AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for <br />the duration of this Agreement. <br />4.1 Workers' Compensation. Sole proprietor. Insurance waived. <br />4.2 Commercial General and Automobile Liabilitv 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 <br />not less than $2,000,000 and automobile liability insurance for the term of this <br />Consulting Services Agreement between August 1, 2020 <br />City of San Leandro and Local Artists Berkeley Page 6 of 19 <br />