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<br />Non-Professional Services Agreement between January 12, 2023 City of San Leandro and SWIMS Page 4 of 16 <br /> 2.9 Authorization to Perform Services. The SWIMS is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Liquidated Damages. Failure of SWIMS to respond to problems referred to it by City within the time limits established in Subsection 1.2 of this Agreement shall result in liquidated damages as set forth in Exhibit A. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, SWIMS shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to SWIMS only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. SWIMS shall make a written request to City to use facilities or equipment not otherwise listed herein. 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, SWIMS shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. SWIMS shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. SWIMS shall provide protection for all persons including, but not limited to, its employees and employees of its sub-Contractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of SWIMS's performance is not intended to include review of the adequacy of SWIMS's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any SWIMS jobsite. All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. SWIMS shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. SWIMS is hereby informed that work on City property could be hazardous. SWIMS shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. <br />DocuSign Envelope ID: 3CF5F1DA-0970-4726-A2E8-F5B25AD4C567