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2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes <br />incurred under this Agreement and any similar federal or state taxes. <br />2.8 Payment upon Termination. In the event that the City or Contractor terminates this <br />Agreement pursuant to Section 8, the City shall compensate the Contractor for all <br />outstanding costs and reimbursable expenses incurred for work satisfactorily completed as <br />of the date of written notice of termination. Contractor shall maintain adequate logs and <br />timesheets to verify costs incurred to that date. <br />2.9 Authorization to Perform Services. The Contractor is not authorized to perform any <br />services or incur any costs whatsoever under the terms of this Agreement until receipt of <br />authorization from the Contract Administrator. <br />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 />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 />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 />Non -Professional Services Agreement between City of San Leandro and Pacheco Brothers Gardening, Inc. <br />for Citywide Median Maintenance Services. <br />Page 4 of 15 <br />