2024-343-E-AMS-BIO-NOMIC Services, Inc.-Sportsplex - CCTV Stormwater Lines

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A Carylon Company 4 GENERAL TERMS AND CONDITIONS General Conditions: These general conditions are incorporated by reference into the proposal and are part of the Agreement under which services are to be performed by the Contractor for the Customer. Contractor will follow Customer's instructions both verbal and written at all times. Customer Provided Labor: Where the Customer provides labor for the Contractor, the Customer will indemnify the Contractor for liability, loss, or expense for work related injuries to those laborers not provided by the Contractor. The Customer agrees to waive all rights of subrogation against the Contractor arising out of the work in this Agreement. Customers Responsibilities: Customer will provide mechanical services. Operation and control of Customer's equipment is the Customer's responsibility. If Contractor cannot continue its work due to circumstance caused or allowed by Customer and of which Contractor was not apprised prior to starting the work, an hourly fee will be charged. Damage Limitations: Under no circumstances will the Contractor be responsible for indirect, incidental, or consequential damages. The Contractor also is not responsible for the rendering of or failure to render architectural, engineering or surveying professional services. Pre-existing Conditions: The Contractor will not be responsible for liability, loss, or expense (including damage caused by the backup of basement sewers) where the primary cause of the claim or damage is pre-existing conditions including faulty, inadequate, or defective design, construction, maintenance or repair of property or contamination of the subsurface where the condition existed prior to the start of the Contractor's work. Customer is responsible for loss of service equipment caused by the pre-existing conditions at the job site. Environmental Conditions: The debris is represented to Contractor to be non-hazardous, requiring no manifesting or special permitting. The Customer will be responsible for any additional costs or claims associated with the treatment, storage, disposal of the removed debris, or breach of the above representation, at any time during or after the completion of this project. Indemnification: The Customer and the Contractor will each indemnify the other in proportion to relative fault for liability, loss and expense incurred by the other party resulting from a negligent act or omission in performance of work under this Agreement. The Customer also will indemnify Contractor for liability, loss and expense resulting from Contractor's services if the Contractor is acting at the direction or instruction of the Customer, or where the primary cause of any damages is due to information provided by the Customer. Credit Policy: Regular Terms are Net 30 Days. The company may charge interest at the rate of 1 -1/2% per month on all invoices outstanding 60 days past invoice date. Credit card payments are subject to a 3.5% convenience fee. Pricing Adjustments: A fuel surcharge will be included on pricing based on Department of Energy EIA Energy Information Administration weekly rates; Any increases in material costs during the project will be included as an increased adjustment to the invoice. If this proposal should develop into a long-term project the pricing will be adjusted yearly based on the municipal cost index published in The American City & County magazine. Entire Agreement: This proposal together with any written documents which may be incorporated by specific reference herein constitutes the entire agreement between the parties and supersedes all previous communications between them, either oral or written. The waiver by Contractor of any term, condition or provision herein stated shall not be construed to be a waiver of any other term, condition, or provision hereof. DocuSign Envelope ID: CDF2D4C4-348F-45F0-ADA2-12E1B1C89506