2004-056 Ordinance - Laserfiche WebLink

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F4ARRING`3'ON ELECi'RiC Cf?. CONDITIONS OF PROPOSAL Acceptance of this proposaf Uy contractor sliall be acceptance of all tenns and conditions recited tierein which shali supersede any conf]icting terni in any other contrac[ documeiit. Any of the Contractor's terms and condicions in additiotl or different from this proposal are objected to and shall have no effeet. Contraotor's agreement herewith sliall be evidenced by Coatractor's signature hereon or by permitting Subcontractor to commence wozk for project. I. Subcontractor sliall be paid monthly progress payments on or 6efore the 1 Stlt of apch month for the value of work completed plus the amount of materials and equipment siutably stored on or aff site. Final payment shall be due 30 days after the worl< described in the Proposal is substantially completed. No provision of this agreement sliall serve to void the Subcontracior`s entitlement to payrnent for properly perfornied worl< or suitably stored niaterials or to require tiie Subcontractor to continue performance if timely payments are not made to SuUcontractor for suitably perfomied woric ar stored materials or to void Subcontractor's right to f le a(ien or claim on its behalf in the event that any payment to Subcontractor is not timely made. 2. The Contractor wi11 withhold no more retention from the Subeontractor than is being wichheid by the Owner fi•om the Contractor with respect to the Subcontractor's work. 3. All sLims not paid when du.e shal( bear an inCerest of 1-1/2% per month or the maximum legal rate permitted by 1aw, whichever is less; and all costs of collection, inciuding a reasonaUle aYtorney's fee, sliall be paid by che Contraetoc 4. No Uackcharges or claim of the Contractor for services shall be vafid except by an agreemant in writing by the Subcontractor before tile wod< is executed, excepT in tiie case of the Subcontractor's failure Co meet any requirement of the subcontract agreement. In sucli evenY, the Contrlctor sliall notiFy the Subcontracfor of sucli default, in writing, and allow the SuUcontractor reasonaUle time to correct any deficiency before inourring any cost chargeaU]e to tiie Subcontractor, 5. Contractor is to prepare all worl< areas so as to be acceptable for Subcontractor to work under the suUcontract. Subco»tractor wi(i not be cal'!ed up To start worl< until sufficient areas are ready to insure continued work. The Coneractor shaR furnish al1 temporary site facilities including suitable storage space, hoisting, temporary eiectricaf and water at no cost to Subcontractor. 6. Subcoiitractor sliall be oiven a reasonable time in which to make delivery of materials and/or 1aUor to commence and comp)e[e performance of the contract. Subcontractor shall not be responsible for delays or defaults where occasioned by any causes of any kind and extend beyond its controi, including but not limited to; delays caused by the owner, general contractor, architect andlor engineers, delays in transportation, shortage of raw materiaJs, civil disnrders, labor diffculties, vendor allocations> fires, floods, accidents and acts of God, Subcontractor sha11 be entitled to equai a.djustment in Yhe subcontract amount for additional eosts due to unanticipated project delays or accelerations caused by others wllose aCYs are not tiie Subcontractor's responsiUiiity atld to time exCensions for unavoidable delays. The Contractor sliall make no demand for liquida.ced damages for delays in excess of the amounc specified in Uhe subcontract agreement and no tiquidated damages may be assessed against Subcontractor for more Chan the amount paid by dhe Contractor for unexcused dalays to the extent actuaily caused by SaUcontractor. 7. The SuUcontracFor's equipment and work are guaranteed for a period of one year from the daCe of substantial comptetion or use by the Contractor or the Contractor's cLastomer, whiciiever is earlier. THIS WARRANTY IS IN LIEti OP ALL OTHER WARRANTISS, EXPRESSED,OR 1MPLIED, [NCLUDING ANY WARRANTIES OR NIERCHANTABILITY dR FITiVESS FOR A PARTICULAR PURPQSE. The exclusive reinedy shall be that Subcontractor wii] repiacc or repair any part of its worl< which is found to lae defeetive. Subcontractor shal] not be responsible for damage or dePect caused Uy abuse, modifications not executed by the 3ubcontractor, improper or insufficient mainYenance, improper operation or norma] wear, tear and usage. 9. Wod< called for herein is to be perfarmed during Subcontractor's regular hours. All work performed outside of such hours shall be charged for at ratcs o; amoimts agreed upon by the parties at the Yime overtime is authorized. 9. Contractor sha]!, if the Owner does not, purchase and mair,tain all risk insurance upon fuif vahie of the entire wori< and/or materials delivered to the ioLsite, whicii sliall include che interest of Subcontractor. 1.0. The SubcontracYor sliall indenmify and hold harmless the Contr-actor, Owner, Architect and otllers from damages oniy to the extent such damages were caused by any neglioent act or omission af the Subcontractor or anyone for whose acts the Subcontractor is 3iable. 11. The subcontraet form used between the Subcontractor and tiie Conh•actor will be AIA 5tandard Forni Subcontract Documeiit A401. Where there is z conl7ict between provisions o(either the AIA Standard Fonn or the contrack documen[s Uetween the Owner and Contractor and this Proposal, then tius Proposal sliall 0o vern. 12. Specified documents and/or fonns referenced in the contract are accepted only if tiley are included in the bidding documents. Date: Subcontractor: Contractor: HARRINGTON ELECTRIC C0. By: By: Title: Thomas A. Morgau, P.E. President