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 2 of 5 COOPERATION BETWEEN CONTRACTORS: The City reserves the rights to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each contractor shall conduct their work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with their contract and shall protect and save harmless the City from all damages or claims that may arise because of inconvenience, delays, or loss because of the presence and operations of other contractors working within the limits of the same project. COORDINATION WITH AGENCIES: The contractor shall coordinate their activities with the proper regulatory agencies and have their representative on site at the proper times. DAMAGE: The contractor shall be held responsible for any breakage, loss of the City’s equipment or supplies through negligence of the contractor or their employee while working on the City’s premises. The contractor shall be responsible for restoring or replacing any equipment, facilities, etc. so damaged. The contractor shall immediately report to the City any damages to the premises resulting from services performed under their contract. Failure or refusal to restore or replace such damaged property will be a breach of their contract. DAYS OF WORK. All work shall be done Monday through Friday between the hours of 7:00 a.m. to 4:00 p.m. excluding designated City holidays, unless otherwise directed by a City official. The following are the designated City holidays: January 1 (New Year’s Day) The third Monday in January (Martin Luther King’s Birthday) The second Monday in February (Lincoln’s Birthday) The third Monday in February (Washington’s Birthday) March 31 (Cesar Chavez Day) The last Monday in May (Memorial Day) June 19 (Juneteenth) July 4 (Independence Day) The first Monday in September (Labor Day) November 11 (Veterans’ Day) The fourth Thursday in November (Thanksgiving Day) The day after Thanksgiving Day December 24 (Christmas Eve) December 25 (Christmas Day) December 31 (New Year’s Eve) EXAMINATION OF SPECIFICATION AND SITE: Contractor is expected to carefully examine the site of the proposed work and all project specifications, documents, and forms. They shall satisfy themselves as to the character, quality, and quantities of work to be performed, materials to be furnished and the requirements of the proposed specifications. INSURANCE REQUIREMENTS: Within twelve (12) consecutive calendar days of award of contract, Contractor must furnish the City with the Certificates of Insurance proving coverage as specified in Attachment C – Insurance Requirements. Additional information about the insurance requirements may be found in Attachment E - Section 4 of the Non-Professional Services Agreement. LAWS - ADHERENCE TO ALL LOCAL, STATE, AND FEDERAL LAWS AND REQUIREMENTS: The contractor shall adhere to all applicable health and safety laws and regulations including, but not limited to, those promulgated by CAL-OSHA, FED-OSHA, EPA, the California State Department of Health Services, and County Environmental Health Department. Safety Requirements are provided in Section 3.1 of the Non-Professional Services Agreement. LIQUIDATED DAMAGES: Time is of the essence of their contract. Failure to start and complete all work specified within the time allowed shall constitute material breach of contract. The “time allowed” will be calculated from the date of the Notice to Proceed through the “Maximum Completion/Delivery Time” DocuSign Envelope ID: 926FF83A-BD87-41CF-85CD-52D36EBBFD9B