Waterproofing Associates, Inc. NPSA 20231213

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Non-Professional Services Agreement between December 13, 2023 City of San Leandro and Waterproofing Associates, Inc. —Exhibit A Page 3 of 5 calculated from the date of the Notice to Proceed through the “Maximum Completion/Delivery Time” 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. 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 any and all payroll deductions required by law, and shall indemnify and hold harmless the City from any liability on account of any and 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. 2. Immediately contain and prevent leaks and spills from entering the storm drain system, and properly clean up and dispose of the waste and clean up materials. 3. Not wash any spilled material into the streets, gutters, storm drains, or creeks. STORM WATER BEST MANAGEMENT PRACTICES : To eliminate storm water pollution, the Contractor shall implement effective control measures at construction sites. BMPs include schedules of activities, prohibition of practices, general good housekeeping practices, operational practices, pollution prevention practices, maintenance procedures, and other management procedures to prevent the discharge of pollutants directly or indirectly to the storm drain system.  The Contractor shall implement all applicable BMPs including but not limited to the following:  All construction materials shall be stored at least ten feet away from inlets, catch basins, and curb returns.  Store materials that have the potential to be transported to the storm drain system, by storm runoff or by a spill, under cover in a contained area or in sealed waterproof containers. DocuSign Envelope ID: 893785FE-7543-420D-9AB4-B901CB399A41