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 3 of 5 indicated by the Contractor on their proposal for the completion work or delivery of the goods specified. Failure of Contractor to complete the work or deliver the goods within the time allowed will result in damages, and for each consecutive day in excess, the contractor shall pay to the City the sum of $100.00 per calendar day. Such amount shall not be construed as a penalty but as a minimum value of liquidated damages that may be deducted from payment due to the contractor if such delay occurs. LICENSES: Contractor must possess current California Contractors License and DIR Registration for duration of contract. Contractor must have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions as specified in Section 7.4 of the Non-Professional Services Agreement. MEASUREMENTS: It is the responsibility of the Contractor to make all measurements to determine their proposed price. The City will not be responsible for determining the quantities of materials necessary to complete the work specified. PAYROLL RECORDS: The Contractor shall comply with Labor Code Section 1776. The Contractor shall also be responsible for compliance of and submission of payroll records of all Subcontractors. 1) Payroll Records shall be submitted with each progress payment application. Records shall contain: 2) Copies of Payroll a) The full name, address, and social security number of each employee (employee’s address and social security number need only appear on the first payroll on which their name appears) b) The appropriate DIR classification for the work performed c) Rate of pay d) Daily and weekly number of hours worked e) Itemized deductions made f) Actual net wages paid 3) Statement of Fringe Benefits 4) Ratio of apprentices to journeymen (when apprentices are employed) 5) Statement of Compliance a) Signed by the employer or its agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the contract b) The “Statement of Compliance” shall be on forms included at the end this section or on any form with identical wording The Contractor and each subcontractor shall preserve their payroll records for a period of 3 years from the date of the acceptance of the project. Additional provisions are outlined in Exhibit D of the Non- Professional Services Agreement. PERMITS: Unless otherwise specified herein, Contractor shall at their expense, obtain all permits and licenses and pay all charges and fees necessary for the performance of the contract, and shall give all public notices necessary for the lawful performance of the contract. Contractor shall pay all taxes, levies, duties, and assessments of every nature due in connection with any work under the contract, shall make all payroll deductions required by law, and shall indemnify and hold harmless the City from any liability on account of all such taxes, levies, duties, assessments, and deductions. SPILL PREVENTION & CONTROL: The Contractor shall take precautions to prevent accidental spills during the work under this contract and keep a stockpile of spill control materials, such as rags or absorbents, readily accessible onsite. In the event of a spill, the Contractor shall: 1. Report any hazardous materials spills immediately to the Alameda County Fire Department, the Alameda County Hazardous Materials Division, and other state and local agencies as required by state and local regulations. DocuSign Envelope ID: 926FF83A-BD87-41CF-85CD-52D36EBBFD9B