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<br />Non-Professional Services Agreement between January 12, 2023 City of San Leandro and SWIMS Page 5 of 16 <br />In addition to complying with all other safety regulations, SWIMS shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. SWIMS shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. SWIMS IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. SWIMS shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by SWIMS where needed for use of its employees and their use shall be strictly enforced. SWIMS shall not use the City's existing sanitary facilities, unless previously authorized by the City. SWIMS shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that SWIMS bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If SWIMS does not have a licensed safety engineer on staff, then City may require that SWIMS engage a sub-Contractor or subconsultant as the project’s safety engineer. SWIMS shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, SWIMS, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the SWIMS and its agents, representatives, employees, and sub-Contractors. Consistent with the following provisions, SWIMS shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. SWIMS shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the SWIMS's bid. SWIMS shall not allow any sub-Contractor to commence work on any subcontract until SWIMS has obtained all insurance required herein for the sub-Contractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. SWIMS shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. SWIMS shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by SWIMS. The Statutory Workers’ Compensation <br />DocuSign Envelope ID: 3CF5F1DA-0970-4726-A2E8-F5B25AD4C567