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2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City <br />within the time limits established in Subsection 1.2 of this Agreement shall result in <br />liquidated damages as set forth in Exhibit A. <br />[NOTE TO STAFF: SECTION 3 MAY BE MODIFIED AS NECESSARY FOR THE TYPE OF WORK.] <br />Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor 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 Contractor only the facilities and equipment listed <br />in this section, and only under the terms and conditions set forth herein. Contractor shall make a written <br />request to City to use facilities or equipment not otherwise listed herein. <br />OTE TO STAFF: City list of facilities and equipment at Contractor's disposal] <br />3.1 Safety Requirements. In accordance with generally accepted construction practices and <br />state law, Contractor shall be solely and completely responsible for conditions on the <br />jobsite, including safety of all persons and property during performance of the work. This <br />requirement shall apply continuously and not be limited to normal working hours. <br />Contractor shall take all necessary precautions and provide all necessary safeguards to <br />prevent personal injury and property damage. Contractor shall provide protection for all <br />persons including, but not limited to, its employees and employees of its subcontractors; <br />members of the public; and employees, agents, and representatives of the City and <br />regulatory agencies that may be on or about the work. <br />The services of the City in conducting review and inspection of Contractor's performance is <br />not intended to include review of the adequacy of Contractor's work methods, equipment, <br />bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. <br />All work and materials shall be in strict accordance with all applicable state, city, county, <br />and federal rules, regulations and codes, with specific attention to the United States <br />Department of Labor Occupational Health and Safety Administration (OSHA) <br />requirements. Contractor shall be solely responsible for compliance with all city, county, <br />and state explosive transport, storage, and blasting requirements and for any damages <br />caused by such operations. <br />Contractor is hereby informed that work on City property could be hazardous. Contractor <br />shall carefully instruct all personnel working on City property that all conditions of the <br />property are potentially hazardous work areas as to potential dangers and shall provide <br />such necessary safety equipment and instructions as are necessary to prevent injury to <br />personnel and damage to property. Special care shall be exercised relative to work <br />underground. <br />In addition to complying with all other safety regulations, Contractor shall abide by any and <br />all other City requirements contained in any specifications, special conditions or manuals, <br />which shall be made available by City upon request. <br />Non -Professional Services Agreement between [EFFECTIVE DATE] <br />City of San Leandro and Page 4 of 15 <br />