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<br /> <br />Non-Professional Services Agreement between August 1, 2023 <br />City of San Leandro and AERI Tree Services — Exhibit A Page 3 of 35 <br />GENERAL PROVISIONS <br />ACCESSIBILITY: The contractor shall be fully informed of any peculiarities and limitations of the <br />spaces available for the performance of work under their contract. They shall exercise caution to <br />determine that all parts of their work are made quickly and easily accessible. <br />AUTHORITY OF THE CITY OF SAN LEANDRO: Subject to the power and authority of the City <br />as provided by law in their contract, the City shall in all cases determine the quantity, quality, and <br />acceptability of the work, materials and supplies for which payment is to be made under their <br />contract. The City shall decide questions that may arise relative to the fulfillment of the contract <br />or the obligations of the contractor hereunder. <br />BUSINESS LICENSE: The Contractor must have a current City Business License. Additional <br />Information can be found online at: https://www.sanleandro.org/340/Business-License <br />CHANGES IN WORK: The City may, at any time work is in progress, by written order and without <br />notice to the sureties, make alterations in the terms of work as shown in the specifications, require <br />the performance of extra work, decrease the quantity of work, or make such other changes as the <br />City may find necessary or desirable. The contractor shall not claim forfeiture of contract by <br />reasons of such changes by the City. Changes in work and the amount of compensation to b e <br />paid to the contractor for any extra work as so ordered shall be determined in accordance with <br />the unit prices quoted. The City may elect to change quantities of trees for trimming by up to 25% <br />without change in bid amount per tree. <br />COMMENCEMENT OF WORK: Contractor selected shall have 12- days from notice by City to <br />provide proof of insurance, proof of Contractor’s license, proof of business license and such other <br />documentation as required. <br />COMPLETION OF WORK: Beginning on the first working day from the determined project start <br />date, the contractor shall have ninety (90) working days for the completion of work. This is <br />inclusive of all weather conditions that may occur during the 90 days. Contractor shall notify the <br />City in writing when the work is ready for review. If deemed not ready for review, the contractor <br />will be directed to continue. If deemed ready for review, a punch list will be prepared and issued; <br />contractor shall allow 10 working days for punch list preparation and issuance. <br />All items on the punch list must be completed to the City’s satisfaction before the work will be <br />considered complete. When the City determines these items are resolved, and the work has <br />been completed in accordance with the Contract Documents, the City will accept the project and <br />provide final payment. <br />CONTRACT INCORPORATION: The Non-Professional Services Agreement (NPSA) constitutes <br />the contract between the City and the Contractor. The parties shall not be bound by or be liable <br />for any statement, representation, promise, inducement or understanding of any kind or nature <br />not set forth herein. No changes, amendments, or modifications of any of the terms or conditions <br />of the contract shall be valid unless reduced to writing and signed by both parties. <br />COOPERATION BETWEEN CONTRACTORS: The City reserves the rights to contract for and <br />perform other or additional work on or near the work covered by these specifications. When <br />separate contracts are let within the limits of any one project, each contractor shall conduct their <br />work so as not to interfere with or hinder the progress or completion of the work being performed <br />by other contractors. Contractors working on the same project shall cooperate with each other <br />as directed. Each contractor involved shall assume all liability, financial or otherwise, in <br />connection with their contract and shall protect and save harmless the City from all damages or <br />claims that may arise because of inconvenience, delays, or loss experienced by them because of <br />the presence and operations of other contractors working within the limits of the same project.