NPSA - Newton Manor Tennis Court Resurfacing.pdf

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Non-Professional Services Agreement between January 3, 2023 City of San Leandro and Newton Construction & Management, Inc.—Exhibit A Page 1 of 5 EXHIBIT A SCOPE OF SERVICES GENERAL PROVISIONS ACCESSIBILITY: The contractor shall be fully informed any peculiarities and limitations of the spaces available for the performance of work under their contract. They shall exercise caution to determine that all parts of their work are made quickly and easily accessible. AUTHORITY OF THE CITY OF SAN LEANDRO: Subject to the power and authority of the City as provided by law in their contract, the City shall in all cases determine the quantity, quality, and acceptability of the work, materials and supplies for which payment is to be made under their contract. The City shall decide questions that may arise relative to the fulfillment of the contract or the obligations of the contractor hereunder. BUSINESS LICENSE: If the scope of work under their proposal includes performing services or installation on City property, the Contractor must have current City Business License. Additional Information can be found online at: https://www.sanleandro.org/340/Business-License BONDS: The contractor shall furnish Performance and Payment Bonds, each equal to at least 100% of the contract price. The Performance Bond shall guarantee faithful performance of the contract. The Payment Bond shall secure the payment of claims of laborers, mechanics, or materialmen employed on work under the contract. Any alterations, extensions of time, extra and additional work, or any other changes authorized by these specifications or any part of the contract may be made without securing the consent of the surety or sureties on the contract bonds. CHANGES IN WORK: The City may, at any time work is in progress, by written order and without notice to the sureties, make alterations in the terms of work as shown in the specifications, require the performance of extra work, decrease the quantity of work, or make such other changes as the City may find necessary or desirable. The contractor shall not claim forfeiture of contract by reasons of such changes by the City. Changes in work and the amount of compensation to be paid to the contractor for any extra work as so ordered shall be determined in accordance with the unit prices quoted. COMMENCEMENT OF WORK: After the contract agreement has been executed by the City, a pre- construction conference will be scheduled and the Notice to Proceed shall be issued. The pre- construction conference will be held at the Public Works Services Center between the City and the Contractor. The purpose of this meeting shall be to discuss the scope of work, the plans and specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of and satisfactory completion of the project as required. The Contractor shall not begin work until the Notice to Proceed is issued by the City. COMPLETION OF WORK: Beginning on the first working day from the Notice to Proceed, The contractor shall have 180 working days for the completion of work. Contractor shall notify the City in writing when the work is ready for review. If deemed not ready for review, the contractor will be directed to continue. If deemed ready for review, a punch list will be prepared and issued; contractor shall allow 10 working days for punch list preparation and issuance. All items on the punch list must be completed to the City’s satisfaction before the work will be considered complete. When the City determines these items are resolved, and the work has been completed in accordance with the Contract Documents, the City will issue a Notice of Acceptance. CONTRACT INCORPORATION: The Non-Professional Services Agreement (NPSA) constitutes the contract between the City and the Contractor. The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein. No changes, amendments, or modifications of any of the terms or conditions of the contract shall be valid unless reduced to writing and signed by both parties. DocuSign Envelope ID: 926FF83A-BD87-41CF-85CD-52D36EBBFD9B