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VGENERAL TERMS AND CONDITIONS <br />d. Contractor will immediately notify the City of any significant and/or unusual <br />hazards found during the course of work. <br />e. Contractor shall submit copies of Safety Data Sheets (SDS) for all <br />hazardous materials to be utilized on site in the performance of work. <br />f. Contractor is solely responsible for the legal disposal of hazardous waste <br />generated in the performance of their work. <br />Safety Indemnification: To the extent allowed by law, the Contractor agrees <br />to defend, indemnify and hold harmless the City, its officers, employees and <br />agents from and against any and all investigations, complaints, citations, <br />liability, expense (including defense costs and legal fees), claims and/or <br />causes of action for damages of any nature whatsoever, including but not <br />limited to injury or death to employees of the Contractor, its subcontractors <br />or City, attributable to any alleged act or omission of the Contractor or its <br />subcontractors which is in violation of any Cal OSHA regulation. The <br />obligation to defend, indemnify and hold harmless includes all investigations <br />and proceedings associated with purported violations of Section 336.10 of <br />Title 8 of the California Code of Regulations pertaining to multi -employer <br />work sites. The City may deduct from any payment otherwise due the <br />Contractor any costs incurred or anticipated to be incurred by the Agency, <br />including legal fees and staff costs, associated with any investigation or <br />enforcement proceedings brought by Cal OSHA arising out of the assigned <br />work. <br />9. OTHER SAFETY REQUIREMENTS: Contractor shall take all reasonable <br />precautions, as directed by the City, or in the absence of such direction, in <br />accordance with sound industrial practices, to safeguard and protect City property <br />and adjacent property. Damages to properties caused by Contractor's negligence <br />shall be repaired at no cost (both labor and material) to the City. <br />Contractor is responsible for advising and ensuring compliance by Contractor's <br />employees with all applicable environmental and hazardous materials handling <br />laws and regulations. <br />Contractor shall provide City a full report of damage to City property and/or <br />equipment by Contractor's employees. All damage reports shall be submitted to <br />the Site Coordinator within twenty-four (24) hours of occurrence. <br />Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, <br />cones, etc.) as required or necessary to ensure the safety of the public, City, and <br />Contractor's employees. <br />10. SPILL LIABILITY: The City does not assume liability for spills or other releases of <br />hazardous wastes which are caused by the negligence of the contractor once <br />hazardous waste materials are in the possession of the contractor or transported <br />off site. <br />11. RECORDKEEPING AND REPORTS: Contractor is required to provide upon <br />request, detailed data and information required by the City. Information may include: <br />generator EPA ID, contractor EPA ID, generator name, waste description, manifest <br />City of Santa Ana IFB No. 23-117A Page 20 of 21 <br />