Change Order & PCA - Newman Center Site Development Division A & Alternate No A1 Project No 117-060R - The Robert Henry Corporation

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Subcontractor agrees that it will so perform this Agreement so as not to violate any term, covenant or condition of Contractor's General Contract. 5. Commencement and Prompt Execution of the Work. Time is of the essence of this Subcontract. Subcontractor shall commence the work immediately after notification by Contractor and shall complete the same not later than and shall maintain such rate of progress in performance of said work as to not impede Contractor or any other Subcontractor in the performance of its work and so as to satisfy Owner or its authorized representative of the rate of progress of such work. Upon request by Contractor, certain parts of the work covered by this Subcontract Agreement shall be prosecuted in preference to others. Subcontractor shall fully coordinate his work with that of the Contractor and other Subcontractors so as to promote progress of the entire construction and so as to not delay, disrupt or interfere with the work of the Contractor or others. 6. Contract Price. Contractor agrees to pay Subcontractor for the performance of the work, subject to other provisions hereof, including additions and deletions as herein provided, the total sum of Eight Hundred Fifty Dollars ($85o.00) 7. Payment. Payment of the Contract Price by Contractor to Subcontractor shall only be for actual work performed to the satisfaction of Contractor and/or Owner less a retainage of ten percent 10%1, or such higher percent retainage as Owner may withhold from Contractor under the General Contract, which Contractor may withhold from payments due Subcontractor. Additional terms and conditions concerning payment to Subcontractor are as follows: (a) On or before the 25th day of each month, Subcontractor shall submit to Contractor, in a form required by Contractor, a written application for payment showing the proportionate value of the work installed to that date, from which shall be deducted the contract rate of retainage, all previous payments, and all charges for services, materials, equipment and other items furnished by Contractor to or chargeable to the Subcontractor; and the balance of the amount of such applications, as approved by Contractor and the Owner or architect and for which payment has been received by Contractor from Owner, shall be due and paid to Subcontractor on or before the 30th day of the succeeding month. The Subcontractor shall submit to the Contractor before its first requisition for payment, a detailed schedule showing the breakdown of the contract price into its various parts for use only as a basis of checking the Subcontractor's monthly applications. The Subcontractor will also submit before its first requisition for payment, a list of its sub -subcontractors and major material suppliers. Contractor reserves the right to advance the date of any payment, including final payment, if in its sole judgment it becomes desirable to do so. (b ) Subcontractor shall submit its monthly payment applications on such forms and on such dates as directed by Contractor and which will enable Contractor to apply for payment from the Owner. if more restrictive payment terms and conditions are set forth in the General Contract, Contractor shall have the option of having those terms and conditions control all progress payments from Contractor to Subcontractor. (c ) Contractor shall be under no obligation to pay Subcontractor for any work done on this Project, until Contractor has been paid therefor by Owner, and the provisions hereof, stating the time of progress and final payments and the amount thereof, are subject to the condition that Contractor shall receive from Owner progress and/or final payments in at least the amounts payable to Subcontractor on account of work done by Subcontractor on this Project; otherwise, the time when such payments shall be due Subcontractor shall be postponed until Contractor has received same from Owner. Subcontractor expressly contemplates that payments to him are contingent upon the Contractor receiving payment from the Owner, and the Subcontractor expressly agrees to accept the risk that he will not be paid for work performed by him in the event that the Contractor, for whatever reason, is not paid by the Owner for such work. The Subcontractor relies primarily for payment for work performed on the credit and ability to pay of the Owner, and not of the Contractor, and Subcontractor agrees that payment by the Owner to the Contractor for work performed by the Subcontractor shall be a condition precedent to any payment obligation of the Contractor to the Subcontractor. (d) No progress payment shall be regarded as any evidence whatsoever of Subcontractor's satisfactory compliance with the terms of this Contract or of Contractor's acceptance of work or materials as satisfactory. (e ) Before Subcontractor is entitled to any payment, whether it be a final payment or an interim progress payment, the Subcontractor shall produce receipts for payments for material delivered to the job, and/or evidence that labor on the job has been paid; such receipts and/or such evidence shall be a condition precedent to any right or claim the Subcontractor may have for payment for any work done under this Contract. if at any time Contractor, in its sole discretion, determines that Subcontractor's financial condition has become, in Contractor's opinion, unsatisfactory, Subcontractor shall furnish adequate financial security or other equivalent proof of ability to perform, satisfactory to Contractor, within 5 days after receipt of written notice. Failure to provide the security or proof requested hereunder may Revised February 2013 2