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6.D. - Page 37 of 170 <br />Request for Qualifications: <br />General Park Building Construction, Retrofit, Maintenance, and/or Repairs <br />SPECIFICATIONS AND PROPOSED AS -NEEDED CONTRACT LANGUAGE FOR GENERAL PARK <br />BUILDING CONSTRUCTION, RETROFIT, MAINTENANCE AND/OR REPAIRS. <br />These Articles are some of the terms and conditions that will be in as -needed contracts awarded pursuant to the <br />RFQ. <br />ARTICLE 1 <br />SECTION HEADINGS <br />The section headings appearing herein shall not be deemed to govern, limit, modify or in any manner affect the scope, <br />meaning or intent of this Contract. <br />ARTICLE 2 <br />SPECIFICATIONS <br />PARTIAL AND FINAL PAYMENT <br />Payments will be paid based on a Net 30 payment schedule at the point payment invoice is received and approved by the <br />Project Manager. Payments may be processed faster if a payment discount is offered to the City of Los Angeles (CITY). <br />The CITY may retain a portion of the amount otherwise due to the Contractor, as follows: <br />Deductions will be made from each monthly payment requested for amounts due the City as follows: <br />• Equipment or materials furnished by the CITY. <br />• Services rendered to the Contractor by the CITY. <br />• Amounts due the CITY for liquidated damages under the terms of the contract. <br />The monthly payments may be withheld or reduced, for the following reasons: <br />• If the Contractor is not diligently or efficiently complying with the express intent of the contract. <br />• If there are unresolved Notices of Non -Compliance. <br />The making of any payment to the Contractor shall not relieve the Contractor from contractual obligations. <br />ARTICLE 3 <br />LOWEST PRICE GUARANTEE <br />If during the term of any agreement awarded, the contractor under similar construction services provided, conditions at <br />prices below those on agreement, such lower prices are to immediately be extended to the CITY. <br />ARTICLE 4 <br />MOST FAVORABLE PUBLIC ENTITY PRICING <br />The prices charged against agreement shall not exceed those charged on any other government agency. A current price list <br />must be available in the contractor's local office at all time for audit by the CITY. <br />ARTICLE 5 <br />NON -ENDORSEMENT ADVERTISING <br />As a result of the selection of a contractor to provide goods and/or services to the CITY, the CITY is neither endorsing nor <br />suggesting that the contractor's product is the best or only solution. The contractor agrees to make no reference to the CITY <br />in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the <br />CITY. <br />IMPORTANT — RESPONDERS MUST SUBMIT ALL REQUIRED FORMS (COMPLETELY FILLED OUT) BY RFQ <br />SUBMITTAL DEADLINE. <br />Page 31 of 103 <br />120 <br />