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<br />Non-Professional Services Agreement between June 1, 2022 <br />City of San Leandro and Lind Marine, Inc. Page 4 of 13 <br />All work and materials shall be in strict accordance with all applicable state, city, county, and <br />federal rules, regulations and codes, with specific attention to the United States Department of <br />Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be <br />solely responsible for compliance with all city, county, and state explosive transport, storage, and <br />blasting requirements and for any damages caused by such operations. <br /> <br />Contractor is hereby informed that work on City property could be hazardous. Contractor shall <br />carefully instruct all personnel working on City property that all conditions of the property are <br />potentially hazardous work areas as to potential dangers and shall provide such necessary safety <br />equipment and instructions as are necessary to prevent injury to personnel and damage to <br />property. Special care shall be exercised relative to work underground. <br /> <br />In addition to complying with all other safety regulations, Contractor shall abide by any and all other <br />City requirements contained in any specifications, special conditions or manuals, which shall be <br />made available by City upon request. <br /> <br />Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, <br />signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such <br />other action as is required to fulfill its obligations under this section. It is the intent of the City to <br />provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT <br />CITY’S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF <br />CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, <br />AND POSSIBLE EXPOSURE TO PATHOGENS. <br /> <br />Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all <br />times. If required by the City, toilets shall be furnished by Contractor where needed for use of its <br />employees and their use shall be strictly enforced. Contractor shall not use the City's existing <br />sanitary facilities, unless previously authorized by the City. <br /> <br />Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid <br />for its employees shall be given. <br /> <br />City reserves the right to require that Contractor bring onto the project or engage the services of a <br />licensed safety engineer at any time during the term of this Agreement. If Contractor does not <br />have a licensed safety engineer on staff, then City may require that Contractor engage a <br />subcontractor or subconsultant as the project’s safety engineer. Contractor shall bear all costs in <br />connection with meeting the requirements of this section. <br /> <br /> Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost <br />and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below <br />against claims for injuries to persons or damages to property that may arise from or in connection with the <br />performance of the work hereunder by the Contractor and its agents, representatives, employees, and <br />subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such <br />insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and <br />that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by <br />this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's <br />bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has <br />obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in <br />effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS <br />AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the