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<br /> <br />Non-Professional Services Agreement between August 8, 2024 <br />City of San Leandro and Garland/DBS Inc.—Exhibit E Page 1 of 9 <br />EXHIBIT E <br />SPECIAL PROVISIONS <br /> <br />ACCESSIBILITY: Contractor shall fully inform themselves regarding any peculiarities and limitations of <br />the spaces available for the performance of work under their contract. Contractor shall exercise due and <br />particular caution to 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 as <br />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 contract. <br />The City shall decide questions that may arise relative to the fulfillment of the contract or the obligations <br />of the contractor hereunder. <br />BONDS – MAINTENANCE BOND. A Maintenance Bond shall be delivered to the City prior to the City’s <br />acceptance of the work. The bond shall be executed by a surety company or companies satisfactory to <br />the City in the amount of ten percent (10%) of the contract price, or $1,000.00, whichever is greater. The <br />bond shall remain in force for one year after the acceptance of the work. The Maintenance Bond must be <br />in substantially the same form as set forth in these contract documents. <br />BONDS - PAYMENT BOND (Labor & Materials). Contractor shall furnish within ten (10) consecutive <br />calendar days after written notice, a Payment Bond in an amount equal to one hundred percent (100%) of <br />the total amount of the contract. <br />BONDS - PERFORMANCE BOND. Contractor shall furnish within ten (10) consecutive calendar days <br />after written notice, a Performance Bond in an amount equal to one hundred percent (100%) of the total <br />amount of the contract. <br />CHANGES IN WORK: The City may, at any time work is in progress, by written order and without notice <br />to the sureties, make alterations in the terms of work as shown in the specifications, require the <br />performance of extra work, decrease the quantity of work, or make such other changes as the City may <br />find necessary or desirable. The contractor shall not claim forfeiture of contract by reasons of such <br />changes by the City. Changes in work and the amount of compensation to be paid to the contractor for <br />any extra work as so ordered shall be determined in accordance with the unit prices quoted. <br />COMMENCEMENT OF WORK: After the contract agreement has been executed by the City, a pre- <br />construction conference will be scheduled and the Notice to Proceed shall be issued. The pre - <br />construction conference will be held at the Water Pollution Control Plant between the City and the <br />Contractor. The purpose of this meeting shall be to discuss the scope of work, the plans and <br />specifications, existing conditions, materials to be ordered, equipment to be used, and all essential <br />matters pertaining to the prosecution of and satisfactory completion of the project as required. The <br />Contractor shall not begin work until the Notice to Proceed is issued by the City. <br />COMPLIANCE WITH FAIR EMPLOYMENT PRACTICE ACT: Contractor agrees in accordance with <br />Section 1735 and 1777.6 of California Labor Code, and the California Fair Employment Practice Act <br />(Sections 1410-1433) that in the hiring of common or skilled labor for the performance of any work under <br />their contract or any subcontract hereunder, no contractor, material supplier or vendor shall, by reason of <br />race, color, national origin or ancestry, or religion, discriminate against any person who is qualified and <br />available to perform the work to which such employment relates. <br />CONTRACT INCORPORATION: Their contract and the accompanying Non-Professional Services <br />Agreement (NPSA) embody the entire contract between the City and the Contractor. The parties shall <br />not be bound by or be liable for any statement, representation, promise, inducement or understanding of <br />any kind or nature not set forth herein. No changes, amendments, or modifications of any of the terms or <br />conditions 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 perform <br />other or additional work on or near the work covered by these specifications. When separate contracts <br />are let within the limits of any one project, each contractor shall conduct their work so as not to interfere <br />with or hinder the progress or completion of the work being performed by other contractors. Contractors <br />Docusign Envelope ID: 23D71AEE-659C-4B6B-8D08-6EB3E43824A2