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<br />2315 South Bascom Ave, 200 Campbell, CA 95008
<br />408.377.3099 f 408.377.2189 B-796683
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<br />reporting requirements for public works, Contractor shall be entitled to a Change Order from Owner for the
<br />costs of compliance with any such determination, and Owner further agrees, to the fullest extent permitted by
<br />law, to defend, indemnify and hold harmless AM Star Construction, Inc. and its officers and employees from
<br />and against any liability arising therefrom, including all costs, losses, fines, penalties, and attorneys’ fees.
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<br />B. Changes in the Work. The Contract Price does not include any of the Work described in the
<br />Standard Exclusions, Article II.D, above. The Owner may, from time to time, make changes to the Work
<br />described in this Contract, but any alteration or deviation from the original specifications involving extra
<br />time, costs of material, labor, planning, supervision, or other management will become an extra charge above
<br />the Contract Price. In the event the changes to the Work requested by the Owner involve extra charges, the
<br />Contract Price shall be appropriately adjusted based on the cost of additional materials and equipment, the
<br />price of additional labor based on Contractor’s standard labor rates, and a cost mark up of thirty percent
<br />(30%) unless agreed to by a signed change order in advance guaranteeing a price. Extra or change order
<br />work, at the Contractor’s request, shall be submitted in writing with authorization from the Owner or his
<br />agents requesting a change. Contractor’s standard labor rates are as follows: Project Manager/Supervisor:
<br />$225/hr, Standard Labor rates shall be at prevailing wage for the county being worked or minimum $95 per
<br />hour or more. Payment on a Time and Materials basis shall be defined as reimbursement for all material
<br />costs, equipment costs, Contractor’s standard labor rates as set forth above, and any other costs plus a thirty
<br />percent (30%) overhead charge. For purposes of pricing Time and Material Change Orders, Contractor shall
<br />use and Owner agrees to pay prevailing wage rates as the reasonable and fair hourly billing rates for
<br />labor. Owner agrees that Contractor’s use of prevailing wage rates for pricing time and material Change
<br />Orders shall not constitute an agreement that prevailing wage rates are generally applicable to the Project, nor
<br />that Contractor (or its subcontractors and suppliers of any tier) are required to comply with any reporting or
<br />certified payroll requirement for the Project.
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<br />C. Authorized Persons. Michael Achkar and Kristine Achkar are Contractor’s Representatives and shall be
<br />the only persons with authority under this Agreement to: (i) execute change orders; (ii) allow Owner
<br />additional time for performance of the Work; (iii) modify, supplement or terminate this Agreement; and
<br />(iv) do any other act which waives any right or privilege of Contractor under this Contract or the
<br />Contract Documents. Any of the foregoing acts not properly authorized by one of Contractor’s
<br />Representatives shall not be binding upon Contractor. The Owner’s agents are deemed to be: Owner’s
<br />Landlord, Lender, Architect, Engineer, Designer, Manager, Equipment Supplier or family member (e.g.,
<br />spouse), as well as any City Inspector or government employee.
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<br />D. Assignment. Owner may not assign this Contract, or payments due hereunder, without the prior written
<br />consent of AM Star Construction Inc. AM Star shall not be responsible for the performance of any
<br />Contractor which is hired direct to Owner.
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<br />E. Notice. Any notice required or permitted under this Contract may be given by facsimile transmission or
<br />certified or registered mail at the addresses contained in this Contract, but such address may be changed
<br />by written notice by one party to the other from time to time. If mailed, notice shall be considered
<br />received three days after deposited in the mail, postage prepaid. If sent by facsimile transmission, notice
<br />shall be considered received upon transmission.
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<br />F. Concealed or Unknown Conditions. The Owner agrees to make known to the Contractor, prior to the
<br />acceptance of the Contract, all information of which he or she is aware as to surface and subsurface
<br />conditions in the vicinity of the Work. The Contractor shall promptly notify the owner of (1) any
<br />subsurface or latent conditions at the site which were not disclosed by the Owner, or (2) previously
<br />unknown physical or other conditions at the site of an unusual nature, differing materially from those
<br />ordinarily encountered and generally recognizable by the Contractor in a site inspection prior to the
<br />DocuSign Envelope ID: 7F7BA4FE-A377-4495-B797-3B8499FD1E12
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