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Item 24 - Resol. and Donation Agree. for STEM Focused Amenities at Madison Park & Angels Community Park
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Item 24 - Resol. and Donation Agree. for STEM Focused Amenities at Madison Park & Angels Community Park
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Clerk of the Council
Item #
24
Date
5/2/2023
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<br />PROJECT ESTIMATE <br />Client: Heising-Simons Foundation <br />400 Main Street, Ste. 200 <br />Los Altos, CA 94022 <br />Project Name & Address: Parkopolis Santa Ana <br />Madison Park, 1528 S Standard Ave <br />Santa Ana, CA 92707 <br />Job Name: Parkopolis Santa Ana <br />Job Number: B0638 <br />Project Manager: TBD <br />Date: 10/19/2022 <br />Contact: Andres S. Bustamente, Ph.D. <br />Phone: 949-824-7367 <br />Email: asbustam@uci.edu <br />Version: 4 <br />DESCRIPTION AMOUNT <br />PAYMENT TERMS:PAYMENT AMOUNT: <br />30% <br />30% <br />30% <br />10% <br />OF PROPOSED TOTAL DUE UPON ACCEPTANCE $ <br />$ <br />$ <br />$ <br />61,075.20 <br />OF PROPOSED TOTAL DUE AT BEGINNING OF FABRICATION (~THREE (3) WEEKS FROM ACCEPTANCE) <br />OF PROPOSED TOTAL DUE AT BEGINNING OF INSTALLATION (~SIX (6) WEEKS FROM ACCEPTANCE) <br />OF PROPOSED TOTAL DUE UPON FINAL INVOICE (~EIGHT (8) WEEKS FROM ACCEPTANCE) <br />TOTAL: <br />61,075.20 <br />61,075.20 <br />20,358.40 <br />203,584.00$ <br />Additional Terms and Conditions of the Estimate: <br />1. Place of Delivery: The Project shall be delivered to CLIENT at CLIENT's job site, located at Madison Park, Santa Ana, CA 92707. 2. Inspection and Title: The Risk of Loss, Damage, and Title <br />shall pass to CLIENT F.O.B. CLIENT'S job site immediately upon CLIENT'S inspection and acceptance of the Project. 3. Taxes: In addition to the Purchase Price, CLIENT shall pay CINNABAR the <br />amount of all governmental taxes, excises and other charges (except taxes on or measured by net income) that CINNABAR may be required to pay with respect to the design and construction <br />of the Project, except where the law otherwise provides. 4. Interpretation and Parol Evidence: The Parties intend this Estimate to be the final, complete and exclusive expression of their <br />agreement concerning the matters contained herein, amendable only by a subsequent writing between the Parties. No course of prior dealings between the Parties and no trade custom <br />shall be relevant to supplement or explain any term used in this Estimate. 5. Authority: No agent, employee or representative of CINNABAR has any authority to bind CINNABAR to any <br />affirmation, representation or warranty concerning the Project designed, constructed and delivered hereunder. Unless an affirmation, representation or warranty made by an agent, <br />employee or representative is specifically included in this Estimate, it has not constituted a part of the basis for this bargain and shall not be in any way enforceable. 6. Remedies: CLIENT'S <br />exclusive remedy, and CINNABAR's limit of liability, for any and all losses or damages resulting from defects related to the Project shall be for the purchase price of the Project. 7. Attorney's <br />Fees and Costs: In the event of any action between the parties to enforce the provisions hereof, the unsuccessful party to such litigation shall pay to the successful party all costs and <br />expenses, including reasonable attorney's fees, that the successful party incurred. 8. Changes to scope may constitute a change order. All change orders must be agreed upon in advance and <br />in writing by CINNABAR and CLIENT. 9. Acceptance: By authorizing the Commencement of any Work herein contained, the Client hereby represents that these terms and conditions are <br />understood and accepted and made part of the Agreement. <br />Parkopolis: $203,584 <br />Number Ball and Fraction Ball Overlays: $6,000 <br />GRAND TOTAL (PARKOPOLIS, NUMBER BALL, FRACTION BALL): $209,584 <br />4571 Electronics Place • Los Angeles • CA 90039 • 818.842.8190 • cinnabar.com 4 of 4
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