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2.7 Payment of Ta xes . Contracto r is so lely respo nsible for the payment of employment taxes <br />incu rred under this Agreement and any sim ilar federal or sta te taxes . <br />2.8 Payment upon Termination . In the event tha t the Ci ty or Contractor te rm ina tes this <br />Agreeme nt pursuant to Sec tio n 8, the City shall compensate the Contractor fo r all <br />outsta ndi ng costs and reimbursable expenses incurred fo r wo rk satisfacto ri ly completed as <br />of th e date of written notice of termi nation . Contractor shall maintai n adequate logs and <br />timeshee ts to ver ify costs incurred to th at date. <br />2.9 Authorization to Perform Services. The Contractor is not autho rized to perform any <br />serv ices or incur any costs whatsoever under the te rm s of this Agreemen t un til receipt of <br />au tho ri za tion from the Contrac t Adm inistrator. <br />2.10 Liquidated Damages . Fa il ure of Con tractor to respond to problems referred to it by City <br />withi n the time limits established in Subsec tio n 1.2 of thi s Agreeme nt shall result in <br />liquidated damages as set fo rt h in Exh ibit A. <br />Section 3. FACILITIES AND EQUIPMENT . Except as set fo rt h here in, Co ntrac tor shall, at rts sole <br />cost and ex pense, prov ide all fac ili ties and equ ipment tha t may be necessary to perform the se rvices <br />requi red by this Agreemen t. City sha ll make avai lab le to Contrac tor on ly the faci li ties and equipment listed <br />in this sectio n, and only under th e terms and condit ions set forth here in. Cont rac tor 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 ge nerally accepted cons truc tion practices and <br />state law, Contracto r shall be solely and completely respo nsib le for co nditions on the <br />jobsite, includi ng safety of all perso ns and property during performance of the wo rk. This <br />requ irement shall apply co nti nuously and not be lim ited to nor mal wo rk ing hours . <br />Contractor shall take all necessa ry precau tions and provide all necessary safeguards to <br />preve nt pe rsonal injury and property damage. Contractor shall prov ide pro tection fo r all <br />pe rsons inc ludi ng, but not li mi ted to , it s emp loyees and emp loyees of its su bcontractors; <br />membe rs of the publ ic; and emp loyees, agents, and representatives of the Ci ty and <br />regu latory agencies that may be on or about the work . <br />The services of the City in conduct ing review and inspection of Contractor's performance is <br />no t intended to inc lude review of the adequacy of Con trac tor's work methods, equipment, <br />bracing or scaffo lding, or safety mea sures, in, on, or near any Contractor jobsite. <br />All wo rk and ma terials sha ll be in str ict accordance wit h all app licable state, city , county, <br />an d fede ral ru les, regulatio ns and codes, with specific attention to the United States <br />Department of La bor Occupationa l Heal th and Safety Admin istratio n (OSHA) <br />requireme nts . Contractor shall be solely responsible fo r comp liance wi th all ci ty, county, <br />and state exp losive transport, storage, and blasting requirements and for any damages <br />caused by such operations. <br />Non-Profess ional Services Ag reeme nt between City of San Leandro and Rub icon En terprises, Inc. for <br />Citywide Turf Maintena nce Se rvices <br />Page 4 of 15