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<National Fitness Campaign Fitness Court> 2023 Form CONTRACT <Installation Services> Page 2 Contract This public works contract (“Contract”) is entered into by and between the City of Redwood City (“City”) and Level Up Retail Services (“Contractor”), a installation company, for work on the City’s National Fitness Campaign Fitness Court Installation Project (“Project”), and is effective on __________, 2023 (“Effective Date”). The parties agree as follows: 1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project (“Work”), as specified in Exhibit A, Scope of Work, attached hereto and incorporated herein, and according to the terms and conditions of this Contract and the Contract Documents, as defined below. 1.2 Contract Documents. The following constitute the “Contract Documents” for the Project: (A) Change orders (if any) (B) Addenda (if any) (C) Contract and Exhibits thereto (D) Payment and Performance Bonds (E) Notice to Proceed (F) Notice of Award (G) City’s Engineering Standards (available online at <insert URL>) (H) Contractor’s Bid Proposal and attachments thereto. (I) Other (if specified): <list additional documents if applicable or delete this line> 1.3 Order of Precedence. Any conflict or inconsistency among the Contract Documents, following the order of precedence in which the documents are listed above, with documents higher on the list taking precedence over documents lower on the list, and the most recent version taking precedence over any earlier version. In the event of any conflict or inconsistency between the Contract or any of the Exhibits thereto, the Contract terms will control over any conflicting or inconsistent provisions in the Exhibits. 2. Contract Price. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract, City will pay Contractor $27,000 for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions contained herein (“Contract Price”). 2.1 Payment. Contractor must submit an invoice on the first day of each month during the Contract Time, defined in Section 3 below, and/or upon completion, for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. The City reserves the right to withhold retention in the amount of five percent from any progress payment if the Project is not completed within a 30-day period. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted pursuant to Public Contract Code § 22300. 2.2 Payment and Performance Bonds. If the Contract Price is over $25,000, Contractor must provide City with a payment bond and a performance bond using the bond forms included in this Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract. Each bond must be issued by a surety admitted in California. If an November 14