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COMMERCIAL CONTRACT <br />Date: 03/23/18 <br />Proposal Number: PD18081 <br />Customer Name: <br />Name <br />City of South Bend Police Department <br />Street <br />701 West Sample Street <br />Address <br />South Bend, IN 46601 <br />Email: <br />Contact <br />Michael Sniadeck' <br />MILK Center Data Cabling <br />Work To Be Performed At: <br />Name MILK Center <br />Street 1522 Linden Ave, <br />Address South Bend, IN <br />Telephone <br />Contact <br />The undersigned Customer hereby authorizes PEMBERTON-DAVIS ELECTRIC, INC. ("Contractor"), to furnish the necessary <br />materials and labor to install according to the attached SCOPE OF WORK and at the above project site for a pdoe of: <br />LABOR $1,650.00 MATERIALS $618.010 TAX NIA TOTAL $2,268.00 ("Contract Price") <br />All materials guaranteed to be as specified, and the above work to be performed in accordance with the drawings and <br />specifications submitted for the above work or contained on any pages attached to this contract ("Work"), <br />1, ADDITIONAL TERMS (SCOPE, OF WORK). <br />a.) Provide and install (7) data drops and relocate (1) data drop in new area <br />b.) Provide and install (2) data drops for AP's on outside of building and mount AP's <br />ASSUMPTIONS <br />a.) All work will be completed during standard business hours, lam to 4pm, Monday through Friday, <br />2. PAYMENT TERMS. Unless otherwise provided in this Contract, the Contract Price wipl be billed monthly based upon Contractor's <br />determination of percentage completion, and wilt be billed in full upon Contractor's determination of substantial completion permitting <br />use and occupancy in any event. All amounts not paid within thirty ( 30 ) days after invoice shall bear interest at We rate of 1 1/2% per, <br />month. In case of non-payment or other default by Customer, Contractor shall recover reasonable attorney's fees andrall collection <br />costs, and shall be entitled to suspend performance. The making of final payment shall operate as a WAIVER and RELEASE of all <br />claims by Customer except those for warranty under Paragraph 4 below and completion of agreed punch list Items, <br />3. SPECIFICATIONS. All material will be as specified unless specified materials are not available, In which case Contractor <br />may substitute other materials of equal or better quality, <br />4. SCHEDULE OF WORK, The start date of the work shall be coordinated with Customer and shall be substantially <br />completed at a date agreed to by Customer and Contractor at the time of project commencement. All agreed punch list items will be completed <br />within thirty (30) days. Delays may occur due to weather or other acts of God, material and labor shortages, changes ordered by the Customer, <br />concealed conditions, delays by shippers and suppliers, vandalism, casualty losses and other factors beyond Contractor's control. Reasonable <br />extension of time shall be allowed and Contractor shall not be liable for any dalm or expense due to delay. <br />S. LIMITED WARRANTY AND DISCLAIMER, Contractor warrants that authorized Work completed by personnel employed by Contractor will be <br />free from defects in material and workmanship, according to standard practice, for a period of one (1) year from the original date of service, or <br />the date of substantial completion permitting use and occupancy, whichever occurs first, If Contractor is notified of any such defects within the <br />one-year warranty period, it will remedy the defects without additional charge. The remedy is limited to repair or replacement, as determined by <br />Contractor and Contractor is not liable for incidental or consequential damages, personals injury, property damage or economic loss, and Customer <br />hereby waives and RELEASES all such claims. This warranty extends only to the original Customer, and does not apply in case of accidental <br />damage, abuse, misuse, modification of the Work by Customer or others, lack of maintenance or faflure to notify Contractor of a defect within <br />the one (1) year warranty period. This warranty is the exclusive warranty given, and there are no other warranties, express or implied, including <br />any implied warranty of MERCHANTABILITY, habitability or fitness for a particular purpose. <br />6. CUSTOMER RESPONSIBILITIES. Customer, through Its Authorized Representative, shall cooperate with Contractor in the performance <br />of the Work and shah not cause or permit any interference. Contractor shall be entitled to rely upon all decisions, communications and instructions <br />issued by the Authorized Representative. Customer shall furnish all necessary tests and reports not specified as Contractors responsibility <br />in this Contract. Customer shall notify Contractor Immediately of any problem or defect in the Work or nonconformity with the requirements <br />of this Contract. <br />7. CHANGES, No labor, material or expense is Included unless specified. Changes to the scope of the Work are to be made only by <br />written change order signed by the Customer and approved by the Contractor. Thee cost of the change shall be added or subtracted from the <br />Contract Price as appropriate. <br />8. CONCEALED CONDITIONS, Customer has disclosed all known conditions affecting the Work to Contractor. Should concealed, <br />Page 1 Initial: <br />