Opening of Bids - Main & Jefferson Earthwork Project No 119-022 - Michels

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MICHELS 00 4. Additional Contract all Terms. a. We require payment for all work completed within 30 days of such completion, with retainage limited to that held by the Owner not to exceed 10% of the completed work value. b. We require full retainage release and final payment within 60 days of the completion of our work regardless of the completion date of the project. c. We require full payment within 30 days for all material, excluding retainage withheld on such material by the Owner. d. All disputes must be resolved through mediation or litigation and in the County Circuit Court or Federal Court where the work is/was performed. e. We shall not be responsible for default or delay in the completion of the work when caused by strike, riot, war, terrorism, Act of God, or other similar circumstances beyond our control. 5. Overtime and Extra Mobilizations. Our Bid Proposal is based upon carrying out the work in an organized, sequential, uninterrupted, and efficient manner during regular working hours, Monday through Friday, in a single mobilization to the site. Our Bid Proposal includes one crew working five 8 hour days per week at the straight time labor rate and one mobilization. Although we reserve the right to work overtime or weekends at our own discretion without incurring charges for inspection, site overhead or other consequential charges, any additional crews and/or time or mobilizations required by Contractor can be provided on a cost reimbursement basis. In the event that our work is interrupted, impeded, or disrupted for any reason beyond our control, we shall be compensated for standby of the crew and equipment. If the Work has been suspended by Contractor or Owner for more than 30 days, our compensation shall be equitably adjusted. 6. Safety. To maximize safety within our work area, we must be pre -notified of all persons who are assigned or directed to enter our work area. Further, we require that such persons be safety trained regarding our work, but assume no responsibility for such training or the actions of such persons while in our work area. Damages. To the maximum extent permitted by applicable law neither party, nor their respective officers, directors, employees, representatives or agents shall be liable to the other for consequential, indirect, special or incidental loss or damages resulting from or arising out of any Agreement. We shall not be liable or responsible for any liquidated damages, delay damages or time -related penalties arising from the work. We shall not be liable for any damage to the structure, landscaping, utilities, wells, etc., and/or any consequential damages that may result from the normal performance of the work. We shall not be liable or responsible for defects of any kind whatsoever arising from a cause which is outside our immediate control or knowledge, or for any fault in the function between our work and subsequent work carried out by others. We will only indemnify others for damages resulting from our negligence and only to the extent such damage is covered by our General Liability Insurance. If our contract requires us to be responsible for claims due to the negligence of others, we must be notified and the cost of the additional insurance must be reimbursed. All workmanship shall be of a due care that would ordinarily be followed for a comparable project by a skilled professional in the same field, working in the same region where the Project is located. 8. Disclosure. To the extent Contractor receives or has information relevant to the performance of the subcontract Work which is under the Owner or Contractor's control, Contractor shall provide this information to the Subcontractor's Project Manager. 9. Backcharges. Contractor may not withhold from amounts due the Subcontractor unless (1) Subcontractor has had notice and reasonable time to correct any deficiency before incurring any costs chargeable to Subcontractor; (2) amounts being withheld reflect out of pocket costs or damages actually incurred by General Contractor, or costs or damages that will be incurred by General Contractor prior to any insurance settlement or payment; (3) payments withheld are reasonably calculated to cover the anticipated liability and all remaining payment amounts not in dispute are promptly paid, or (3) Subcontractor's Builder's Risk, OCIP or CCIP insurance does not cover said claim, loss or damage.