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<br />Non-Professional Services Agreement between April 16, 2025 <br />City of San Leandro and Bailey Fence Company Inc. Page 1 of 19 <br />NON-PROFESSIONAL SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />BAILEY FENCE COMPANY INC. <br />FOR <br />SAN LEANDRO MARINA BUILDING DEMOLITION FENCING <br />PROJECT NO.: 2020.3080 <br /> <br /> <br /> THIS AGREEMENT for Fencing services (“Agreement”) is made by and between the City of San <br />Leandro (“City”) and Bailey Fence Company Inc. (“Contractor”) (together sometimes referred to as the <br />“Parties”) as of ____________, 2025 (the “Effective Date”). <br /> <br />NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby <br />acknowledged, the Parties hereby agree to the Agreement as follows: <br /> <br />Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor <br />shall provide to City the services described in the Scope of Work attached as Exhibit A, incorporated herein <br />by this reference, at the time and place and in the manner specified therein. In the event of a conflict in or <br />inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. <br /> <br />1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall <br />end on December 31, 2026, the date of completion specified in Exhibit A, and Contractor <br />shall complete the work described in Exhibit A on or before that date, unless the term of <br />the Agreement is otherwise terminated or extended, as provided for in Section 8. The time <br />provided to Contractor to complete the services required by this Agreement shall not affect <br />the City’s right to terminate the Agreement, as referenced in Section 8. <br /> <br />1.2 Standard of Performance. Contractor shall perform all services required pursuant to this <br />Agreement in the manner and according to the standards observed by a competent <br />practitioner of the profession in which Contractor is engaged and in the geographical area <br />in which Contractor practices its profession. Contractor shall prepare all work products <br />required by this Agreement to the standards of quality normally observed by a person <br />practicing in Contractor’s profession. <br /> <br />1.3 Assignment of Personnel. Contractor shall assign only competent personnel consistent <br />with Section 1.2 to perform services pursuant to this Agreement. In the event that City, in <br />its sole discretion, at any time during the term of this Agreement, desires the reassignment <br />of any such persons, Contractor shall, immediately upon receiving notice from City of such <br />desire of City, reassign such person or persons. <br /> <br />1.4 Time. Contractor shall devote such time to the performance of services pursuant to this <br />Agreement as may be reasonably necessary to meet the standard of performance <br />provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder. <br /> <br />1.5 Public Works Requirements. Because the services described in Exhibit A include “work <br />performed during the design and preconstruction phases of construction including, but not <br />Docusign Envelope ID: 7E68EE88-C43D-4341-995D-BC2B27185894 <br />May 12, 2025 | 2:32:05 PM PDT