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NETServices USA LLC 12/7/2022
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6 Years Then Destroy
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2023
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NETServices USA LLC 12/7/2022
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Entry Properties
Last modified
6/13/2023 9:12:14 AM
Creation date
1/6/2023 2:22:57 PM
Metadata
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Template:
Contracts
Contractor's Name
NETServices USA LLC
Approval Date
12/7/2022
Council Approval Date
11/9/2022
End Date
12/31/2023
Department
Parks
Department Project Manager
Katharine Phillips
Subject / Project Title
Legion Golf Course Pole & Netting System Emergency Repairs
Tracking Number
0003545
Total Compensation
$327,202.96
Contract Type
Small Works Roster Contracts and Change Orders
Contract Subtype
Small Works Roster Contracts and Change Orders
Retention Period
6 Years Then Destroy
Imported from EPIC
No
Document Relationships
NETServices USA LLC 2/27/2023 Change Order 1
(Contract)
Path:
\Records\City Clerk\Contracts\6 Years Then Destroy\2023
NETServices USA LLC 4/11/2023 Change Order 2
(Contract)
Path:
\Records\City Clerk\Contracts\6 Years Then Destroy\2023
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Contract Document are different or conflict with each other,then the most stringent on the Contractor <br /> applies. <br /> 1.12 CHANGE ORDERS <br /> A. The City's Project Manager reserves the right to change the Work at any time. This may be done <br /> only in writing,through field directives,or otherwise. Such changes shall not invalidate the <br /> Contract nor release the surety,and the Contractor agrees to perform the Work as changed. <br /> The Contractor shall not proceed with a change to the Work without a written directive from <br /> the City's Project Manager. <br /> B. Changes to the Work may result in an increase or decrease in Contract Price or Contract Time. If <br /> the Contractor and the City agree on changes to Contract Price or Contract Time,the Contractor <br /> and the City shall execute an agreed change order. However, if the Contractor and the City do <br /> not agree,the City may, in its sole discretion, issue a unilateral change order changing the scope <br /> of Work and making any adjustments to the Contract Price and Contract Time in such amount <br /> and for such time as the City thinks appropriate. Any Contractor contract claim arising from <br /> such a unilateral change order must comply with contract claims provisions set forth in the <br /> Contract Documents. The Mayor will sign all change orders on behalf of the City. <br /> C. As directed in writing by the City's Project Manager, minor changes to the Work may proceed <br /> prior to execution of a change order. Substantial changes in the Work will often be negotiated <br /> and a change order executed before the City directs the Contractor to proceed with the change. <br /> 1.13 CONTRACT CLAIMS <br /> The Contractor shall provide written notice to the City of any contract claim against the City relating to <br /> differing site conditions, protests,work orders, revision of work orders,damages, expenses, costs, extra <br /> work,or anything else arising out of this Contract. To the maximum extent allowed by law, a contract <br /> claim is forever waived if such notice is not delivered to the City by the earlier of(A)the date that is <br /> thirty(30) days after the discovery of the basis of such contract claim or(B)the date that is thirty(30) <br /> days after completion of the Work at issue in the contract claim. <br /> 1.14 TERMINATION OF CONTRACT <br /> A. Termination for Default. The City may terminate the Contract upon written notice to Contractor <br /> and its surety whenever the Contractor is deemed to be in default or fails to fulfill, in a timely <br /> and proper manner,one or more Contract obligations or is in violation of any provisions or <br /> covenants of the Contract. Termination shall be effective upon receipt of such notice by the <br /> Contractor. <br /> (1) After termination of the Contractor for default,the City may transfer performance of <br /> the Work to the Contractor's surety. The City may exclude the Contractor from the <br /> worksite and take possession of the Work and all of the Contractor's tools, appliances, <br /> owned or rented construction equipment, and machinery at the worksite and use the <br /> same to the full extent they could be used by the Contractor. The City may incorporate <br /> in the Work all materials and equipment stored at the worksite or for which the City has <br /> paid the Contractor but which are not yet on the worksite. In such case,the Contractor <br /> will not be entitled to receive any further payment until the Work is finished. At the <br /> City's sole option,Contractor shall assign and transfer any contractual rights to material <br /> General Conditions-4 <br />
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