Silman Industries NPSA 20231212 - Laserfiche WebLink

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Non-Professional Services Agreement between City of San Leandro and Silman Industries—Exhibit A Page 27 of 30 6) Certified Payroll must be submitted by the 15th of each month or 10% of invoice will be retained until corrections are made Protection : 1) Protect installed products or performed work. 2) Replace or repair damaged products or work before Date of Acceptance. Warranty: The Contractor guarantees all of the work for one year from the date the Notice of Completion is filed. Upon receiving written notice of a need for repairs that are directly attributable to defective materials or workmanship, the Contractor must make good any defects arising or discovered in any part of the work by diligently commencing the necessary repairs within seven (7) days from the date of notice from the City. The guarantee and conditions shall be secured by a Maintenance Bond. If the Contractor fails to make good any defects in the work in accordance with this provision, in addition to any other available remedy under the contract or at law or equity, the City may make good or have made good such defects in the work and deduct the cost from amounts that may be due or become due the Contractor, and/or call on the Contractor’s Maintenance Bond for the cost of making good such defects and for the City’s reasonable legal costs, if any, of recovering against the bond. Notwithstanding the preceding, the Contractor shall remain responsible for repairing any work found to be defective at its sole cost regardless of when such defect is discovered by the City. In addition to the Contractor’s one-year guarantee, and the Contractor’s ongoing obligation to repair any defective work, upon completion of the project and as a condition of acceptance of the project, the Contractor must deliver to the Engineer all written manufacturer warranties from manufacturers and/or subcontractors that guarantee and warrant specific products and installations against defects in materials and workmanship for periods following acceptance of the project. Such manufacturer warranties, if required, shall be so indicated in this document. Time is of the essence in the Agreement. By execution of the Agreement, the City and the Contractor agree that it will be difficult or impossible to determine the actual damage that the City will sustain in the event of the Contractor’s failure to fully perform the work or to fully perform all of the Contractor’s obligations that have accrued pursuant to the agreement by the time for completion. Accordingly, the City and the Contractor agree in accordance with California Government Code Section 53069.85 that the Contractor will forfeit and pay to the City liquidated damages in the sum of $750 per day for each and every calendar day completion of the work or performance of all of the Contractor’s obligations that have accrued pursuant to the agreement is delayed beyond the time for completion. The City and the Contractor further agree in accordance with California Government Code Section 53069.85 that the liquidated damages sum specified in this provision is not manifestly unreasonable under the circumstances existing at the time the agreement was made, and that the City may deduct liquidated damages sums in accordance with this provision from any payments due or that may become due the Contractor under the agreement. In addition, the Contractor shall pay the following sums for the associated liquidated damages: Failure to provide and/or non-compliance to or violation of accepted construction scheduling and/or phasing $250.00 per each calendar day Failure to provide and/or non-compliance with accepted $250.00 per each calendar DocuSign Envelope ID: 23227C11-F678-4CF3-95AF-AD4B0DEB1E28