T & S Intermodal Maintenance NPSA 20230801

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2315 South Bascom Ave, 200 Campbell, CA 95008 408.377.3099 f 408.377.2189 B-796683 12 retain any other contractor, subcontractor, or individual to perform work on the Project prior to the time the Notice of Completion is filed, Owner agrees to pay Contractor a fee equal to thirty percent (30%) of the amount paid to any such contractor, subcontractor, or individual. N. Permits & Assessments. This Contract does not include the cost of coordinating or submitting for the permits, fees, and services referred to above. Contractor will coordinate any of these services and obtain any of the permits on Time and Material basis. O. Access and Facilities. Owner agrees to furnish Contractor with continual access to the job site. No Project shall include phasing. If Owner requires phasing, the additional effort and time taken shall be billed to Owner. Owner will provide Contractor with toilet facilities, temporary power, temporary water, and proper security measures for the site such as locks and fencing as required. Owner will provide Contractor with a suitable location for Contractor to place a project sign. P Allowances. Contractor is not responsible for unforeseeable increases in the price of materials, such as lumber, copper, and steel. In the event the price for any such material unexpectedly increases above the fair market value of the material as of the date of this Contract due to forces beyond Contractor’s control, Owner agrees to equitably adjust the Contract Price to compensate Contractor for the difference in price. Allowances are budgets only and are minimum prices and not to be relied upon as a price guarantee of any kind and should not be relied upon. Final price adjustments will be made based on final selection with Contractor’s standard time and material mark-up. Allowances are for material, labor, equipment, subcontracts and supervision unless specified otherwise. Q Notice of Completion or Cessation. Owner hereby authorizes AM Star Construction Inc to record the Notice of Completion or Cessation for the Project with the County Recorder. Owner agrees not to file the Notice of Completion or the Notice of Cessation with the County Recorder prior to obtaining Contractor’s written approval. In the event Owner does not obtain prior written approval from Contractor prior to recording the Notice of Completion or Notice of Cessation, the parties agree that the notice shall be void, and in no event shall Contractor be deemed to have waived or forfeited any rights to record a mechanics’ liens or stop notice. R Final Punch List. If corrective repair work remains to be accomplished after Substantial Completion, the Owner may submit one final punch list for completion by Contractor. Owner may withhold an amount equal to the cost to complete the items on the one final punch list from the Substantial Completion Payment or Draw until completion of said items. Upon Contractor’s completion of the items on the one final punch list, Owner shall pay the balance of the contract sum to Contractor. Any items brought to Contractor’s attention by Owner thereafter shall be treated and regarded as warranty items. Under no circumstances may Owner withhold final payment from Contractor for warranty items. In the event Owner refuses to furnish the one final punch list within five (5) days after Contractor’s written request, Owner voluntarily waives his right to submit the one final punch list. All remaining items shall then be considered warranty items. S. Insurance. Contractor’s maintains the following insurance coverage: General Liability: AM Star Construction, Inc. maximum liability including that of all its subcontractor’s and agents shall be a combined limit not to exceed $25,000.00 including attorney fees and court costs. Owner agrees to indemnify and hold harmless with a full release of any claims made from this contract. Worker’s Compensation: State Compensation Insurance Fund Policy Number 1658403 P.O. Box 807, San Francisco, CA 94101-0807 DocuSign Envelope ID: 7F7BA4FE-A377-4495-B797-3B8499FD1E12