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<br /> <br />Non-Professional Services Agreement between April 1, 2024 <br />City of San Leandro and Impec Group—Exhibit D Page 16 of 36 <br />103 Defective and Unauthorized Work <br />(a) All materials, and parts furnished by the Contractor in the work shall be new, high grade and free <br />from defects. Workmanship shall be subject to the Director, or designee's approval. Materials and <br />workmanship not conforming to the requirements of the contract documents shall be considered <br />defective and will be subject to rejection. Defective work or material, whether in place or not, shall <br />be removed immediately from the site by the Contractor, at his expense, when so directed by the <br />Director, or designee. <br /> <br />(b) Any work done beyond the limits of work established by the Director, or designee, or any extra work <br />done without written authority, will be considered unauthorized work. The City is not responsible for <br />costs associated with unauthorized work. <br />104 City Furnished Materials <br />(a) Materials, if furnished by the City, will be made available as designated by the Director, or designee. <br />The cost of loading, unloading, hauling and handling and placing City furnished materials shall be <br />considered as included in the bid price involving such City furnished material. <br />(b) Contractors shall inspect and assure themselves of the amount and soundness of such materials <br />and acknowledge written receipt for it. <br />(c) The Contractor will be held responsible for all materials furnished to him, and he shall pay all <br />applicable demurrage and storage charges. City-furnished materials lost or damaged for any cause <br />whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost <br />of replacing City-furnished material and such costs may be deducted from any monies due or to <br />become due the Contractor. <br />105 Storage of Materials, Equipment and Supplies <br />(a) Materials, equipment, and supplies shall be stored in the designated storage sites in such a manner <br />as to ensure the preservation of their quality and fitness for w ork. These items shall be stored to <br />facilitate inspection and, if necessary to protect the public or the items, shall be suitably fenced or <br />locked. <br />(b) All additional arrangements for locations and arrangements of storage sites for materials, equipment <br />and supplies shall be maintained by the Contractor at his expense. Full compensation for furnishing <br />such storage sites as may be necessary or required by the Contractor shall be considered as <br />included in the price bid and no additional compensation will be al lowed. <br />106 Damage Responsibility <br />(a) All damage due to Contractor's negligence shall be the responsibility of the Contractor and shall be <br />repaired immediately at Contractor’s expense, or as agreed upon between Contractor and City. All <br />damages to, or thefts from, structures, not attributable to the Contractor's negligence, shall be the <br />responsibility of the City. <br />107 Safety <br />(a) Safe work practices shall be enforced at all times. Protective gear and appropriate clothing shall be <br />worn and always utilized and shall comply with all local, State and Federal safety regulations. <br />(b) All services and merchandise must comply with the California State Division of Industrial Safety <br />Orders and O.S.H.A. requirements. Contractor shall plan and conduct the work in a manner that will <br />DocuSign Envelope ID: ED026586-45BF-457C-B317-CC6A9075C2DC