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Item 14 - Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance
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Item 14 - Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance
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9/20/2024 10:06:03 AM
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Agenda Packet
Agency
Public Works
Item #
14
Date
9/17/2024
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(9) <br />CITY OF SANTA ANA <br />a. Contractor shall train all employees, or subcontractor personnel in the <br />work practices necessary to safely perform his or her job. <br />b. Contractor shall identify all known potential hazards related to the work performed <br />and train all employees and subcontractor personnel on how to handle the potential <br />hazards. <br />c. Contractor, their employees and subcontractors shall follow all safety rules and safe <br />work practices. <br />d. Contractor will immediately notify the City of any significant and/or unusual hazards <br />found during the course of work. <br />e. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous <br />materials to be utilized on site in the performance of work. <br />f. Contractor is solely responsible for the legal disposal of hazardous waste generated <br />in the performance of their work. <br />Safety Indemnification: To the extent allowed by law, the Contractor agrees to <br />defend, indemnify and hold harmless the City, its officers, employees and agents <br />from and against any and all investigations, complaints, citations, liability, expense <br />(including defense costs and legal fees), claims and/or causes of action for damages <br />of any nature whatsoever, including but not limited to injury or death to employees <br />of the Contractor, its subcontractors or City, attributable to any alleged act or <br />omission of the Contractor or its subcontractors which is in violation of any Cal OSHA <br />regulation. The obligation to defend, indemnify and hold harmless includes all <br />investigations and proceedings associated with purported violations of Section <br />336.10 of 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 Contractor any <br />costs incurred or anticipated to be incurred by the Agency, including legal fees and <br />staff costs, associated with any investigation or enforcement proceedings brought <br />by Cal OSHA arising out of the assigned work. <br />OTHER SAFETY REQUIREMENTS <br />Contractor shall take all reasonable precautions, as directed by the City, or in the absence of <br />such direction, in accordance with sound industrial practices, to safeguard and protect City <br />property and adjacent property. Damages to properties caused by Contractor's negligence shall <br />be repaired at no cost (both labor and material) to the City. <br />Contractor is responsible for advising and ensuring compliance by Contractor's employees <br />with all applicable environmental and hazardous materials handling laws and regulations. <br />Contractor shall provide City a full report of damage to City property and/or equipment by <br />Contractor's employees. All damage reports shall be submitted to the Site Coordinator within <br />twenty-four (24) hours of occurrence. <br />Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) <br />as required or necessary to ensure the safety of the public, City, and Contractor's employees. <br />K. SPILL LIABILITY <br />The City does not assume liability for spills or other releases of hazardous wastes which are <br />caused by the negligence of the contractor once hazardous waste materials are in the <br />possession of the contractor or transported off site. <br />L. RECORDKEEPING AND REPORTS <br />
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