Impec Group NPSA 20240401 - Laserfiche WebLink

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Non-Professional Services Agreement between April 1, 2024 City of San Leandro and Impec Group—Exhibit D Page 9 of 36 (c) The City may deduct from any amount payable to Contractor (i) any amounts the payment of which may be in dispute, (ii) any amounts necessary to compensate the City for any losses, costs, liabilities, or damages suffered by the City, and (iii) all amounts for which the City may be liable to third parties, by reason on Contractor’s acts or omissions in performing or failing to perform Contractor’s obligations as part of the contract. Any failure of the City to withhold payments due for such a cause shall not affect the obligations of the Contractor. Amounts withheld due to Contractor failure to adequately monitor the service areas shall be permanently forfeited by the Contractor. 107 Communication (a) The Contractor or their representative shall contact the City’s Director, or designee, when necessary, for the purpose of conveying messages, consultations, scheduling, inspection of sites, etc . 108 Public Safety (a) The Contractor shall conduct maintenance operations to offer the least possible obstruction to the public and to facility users. (b) No material or equipment shall be stored on City property unless approved by the City and authorized in a designated location for janitorial services. Any materials or equipment brought to the site for use during any one day shall be placed where it will not interfere with the free and safe passage of facility users. Such materials and equipment shall be removed at the end of each day or when maintenance operations are suspended for any reason unless authorized to be stored on site. (c) If a hazardous condition is observed and the City notifies the Contractor either directly or by telephone, the Contractor shall correct the condition immediately if it is within the scope of the agreement. (d) The City cannot assume liability for damaged or missing Contractor equipment left at City facilities. 109 Fuel Conservation and Low Emission Equipment (a) The Contractor shall implement strategies in work operations to reduce fossil fuel consumption and emissions such as: use hand powered equipment when possible; minimize use of gas-powered blowers; select the smallest, most fuel-efficient equipment to accomplish the work; consider vehicles that operate on natural gas or biodiesel; maintain equipment properly and keep it well -tuned; and emphasize employee carpooling to jobsites. A ll blowers shall be 4-stroke to help reduce noise complaints. (b) Contractors shall be responsible for laws governing the use of gas -powered motors/engines, and must at their own cost, purchase and deploy new non-gas-powered equipment per the guidelines and deadlines in the law. 110 Lost and Found (a) Personal property found by the Contractor on City property or in public right -of-way should be reported to the Public Works representative immediately and turned into the Public Works Department on the same day that the property is found. Public Works can be contacted at 510-577- 3440 to verify access to Service Center on Chapman Road. DocuSign Envelope ID: ED026586-45BF-457C-B317-CC6A9075C2DC