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8I Consent 2018 1119
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8I Consent 2018 1119
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4/3/2019 2:34:49 PM
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11/14/2018 9:42:22 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
11/19/2018
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Agmt 2018 NPSA Ross Recreation Equipment, Marina Park Playground Installation #3507
(Approved)
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\City Clerk\City Council\Agreements\2018
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<br />$91,226.61 <br /> <br />00016148 <br /> <br />Signature assumes acceptance of stated payment terms. 2% per month late fees will be charged on delinquent payments. <br />SIGNATURE:________________________________________ <br />PRINT NAME: _______________________________________ <br />DATE: _____________________________________________ <br />the work covered by this contract, the contract price shall be adjusted accordingly. Modifications or additions to the work shall be executed only <br />when a Contract Change Order has been signed by both the Contractor or Owner and Ross Recreation. The change in the Contract Price <br />caused by such Contract Change Order shall be as agreed in writing, or if the parties are not in agreement as to the change in Contact Price, <br />then Ross Recreation's actual cost for all labor, equipment, subcontracts and materials, plus Ross Recreation's fee of twenty percent (20%) <br />shall be the change in Contract Price. Ross Recreation shall promptly notify the Contractor or Owner of (1) subsurface or latent physical <br />conditions at the site differing materially from those indicated in this contract, or (b) unknown physical conditions differing materially from those <br />originally encountered and generally recognized as inherent in the work of the character provided for in this contract. Any expenses incurred <br />due to such conditions shall be paid for by Contractor or Owner as added work. <br />7. RIGHT TO STOP WORK: Ross Recreation shall have the right to stop work if any payment shall not be made timely under this Agreement. <br />Ross Recreation may keep the job idle until all payments due are received. In the alternative Ross Recreation may, at its option, terminate the <br />contract and recover from the Contractor or Owner payment for all work executed to the date of such termination. <br />8. SITE CONDITIONS: Installation price quoted for favorable working conditions. If rock, poor soil conditions, a high water table and/or other <br />unforeseen site conditions exist requiring additional materials and labor, additional charges may be incurred. <br />9. ARBITRATION: Any controversy arising out of this contract, construction of the project referred to in this contract or regarding the <br />interpretation of this contract, or any subcontract or sub-subcontract is subject to arbitration. Arbitration shall be had in accordance with the <br />applicable rules of the American Arbitration Association which are in effect at the time the Demand for Arbitration is filed. <br />10. ATTORNEY FEES: In the event the parties hereto become involved in litigation arising out of this contract, or the performance or breach <br />thereof, the court or arbitrator, in such litigation, or in separate suit, shall award reasonable costs, expenses and attorney's fees to the <br />prevailing party. The court or arbitrator shall not be bound by any court fee schedule, and shall award the full amount of costs, expenses and <br />attorney's fees incurred in good faith. <br />11. CLEAN-UP: If Ross Recreation is installing your equipment, upon completion of work, Ross Recreation will remove debris and surplus <br />material created by its operation on Owner's property and leave it in a neat and broom clean condition. <br />12. ASSIGNMENT: Neither party may assign this contract without written consent of the other party. <br />13. HAZARDOUS MATERIALS: Unless specifically called out in the contract, this contract does not contemplate the removal or disturbance of <br />asbestos or other hazardous material. The Contractor or Owner warrants that no such material is present. In the event that such material is <br />encountered, Ross Recreation shall stop work immediately and a Change Order will be negotiated to cover this situation. <br />14. CONTRACTORS: Contractors are required by law to be licensed and regulated by the Contractor's State License Board whose address is: <br /> <br />Contractor's State License Board <br />P.O. Box 26000 <br />Sacramento, CA 95826 <br /> <br />15. SPECIAL PROVISIONS (insert any special provisions here) <br />Accepted By:
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