CONDITIONS OF BID PROPOSAL

Transcription

1 Solid Glass 1452 N Batavia Street Orange, CA P F License # C-17 CONDITIONS OF BID PROPOSAL Time Limitation This bid proposal is valid for 30 days at which time it is automatically withdrawn and of no further force and effect unless extended in writing by Solid Glass. Subcontract Agreement Acceptance of this Proposal by Contractor shall be acceptance of all terms and conditions recited herein, which shall supercede any conflicting term in any contract document. Any of the Contractor s terms and conditions in addition or different from this Proposal are objected to and shall have no effect. Contractor s agreement herewith shall be evidenced by Contractor s signature heron or by permitting Solid Glass to commence work for project. Payments Solid Glass shall be paid monthly progress payments on or before the 15 th of each month for the value of work completed plus the amount of materials and equipment suitably stored on or off site the previous month. Final payment shall be 30 days after work described in the Bid Proposal is substantially completed. No provision of any agreement shall serve to void Solid Glass entitlement to payment for properly performed work or suitably stored materials or to require Solid Glass to continue performance if timely payments are not made to Solid Glass for suitably performed work or stored materials or to void Solid Glass right to file a lien or claim on its behalf in the event that any payment to Solid Glass is not timely made. Interest All sums not paid when due shall bear an interest rate of 1½% per month or the maximum legal rate permitted by law whichever is less: and all costs of collection, including a reasonable attorney s fee, shall be paid by Contractor. Risk Insurance The Contractor shall, if the Owner does not, purchase and maintain all risk insurance upon full value of the entire work and/or materials delivered to the jobsite, which shall include the interest of Solid Glass. Solid Glass shall indemnify and hold harmless the Contractor, Owner, Architect or others form damages only to the extent such damages were caused by any negligent act or omission of Solid Glass or anyone for whose acts Solid Glass is liable. Schedule The initial construction schedule for this project will be as mutually agreed upon by the parties. It is understood that the schedule may need to be revised from time to time. All revisions affecting the work of this Subcontract shall be mutually agreed upon. Solid Glass shall be given a reasonable time in which to make delivery of materials and/or labor to complete the performance of the contract. Page 1 of 5

2 Insurance The Bid Proposal is based upon current coverage of Commercial General Liability, Workers Compensation, and Automobile Insurance. An endorsement for Additional Insured s on the Commercial General Liability policy will be on form LG CG Additional requirements such as Primary Wording, Waivers of Subrogation, other forms and limits exceeding current policies are not included. Work Area Contractor is to prepare all work areas so as to be acceptable for Solid Glass to work under the Subcontract. Solid Glass will not be called upon to start work until sufficient areas are ready to insure continued work. The Contractor shall furnish all temporary site facilities including suitable storage space, hoisting, temporary electrical and water at no cost to Solid Glass. Acceleration The Bid Proposal includes labor at straight time, single shift basis only. Overtime required to meet an improved schedule will be reimbursed for premium labor, inefficiency, overhead and profit. Backcharges No backcharges or claim of the Contractor for services shall be valid except by an agreement in writing by Solid Glass before the work is executed, except in the case of Solid Glass failure to meet any requirement of the Subcontract Agreement. In such event, the Contractor shall notify Solid Glass of such default, in writing, and allow Solid Glass reasonable time to correct any deficiency before incurring any cost chargeable to Solid Glass. Delays Solid Glass shall not be responsible for delays or defaults where occasioned by any causes of any kind and extend beyond its control, including but not limited to: delays caused by the Owner, Contractor, Architect and/or Engineer s, delays in transportation, shortage of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accidents and acts of God. Solid Glass shall be entitled to equitable adjustment in the Subcontract amount for additional costs due to unanticipated project delays or accelerations caused by others whose acts are not Solid Glass responsibility and to time extensions for unavoidable delays. The Contractor shall make no demand for liquidated damages for delays in excess of the amount specified in the Subcontract Agreement and no liquidated damages may be assessed against Solid Glass for more than the amount paid by the Contractor for unexcused delays to the extent actually caused by Solid Glass. Page 2 of 5

3 Change Orders Changes, deletions, and additions to the Subcontract Agreement work will not be performed without an approved Change Order with an agreed price. Should any Change Order for extra work be required, Solid Glass will be compensated for cost plus 15% for overhead and 10% for profit. Should any Change Order for deletion of work be required, Solid Glass will credit direct costs, without overhead and profit. Retention The Contractor will withhold no more retention from Solid Glass than is being withheld by the Owner from the Contractor with respect to Solid Glass work. Guarantees Solid Glass materials and work are guaranteed for a period of one year from the date of substantial completion or use by the Contractor or the Contractor s customer, whichever is earlier. THIS WARRANTY IS IN LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The exclusive remedy shall be that Solid Glass will repair or replace any part of its work, which is found to be defective. Solid Glass shall not be responsible for damages or defect caused by abuse, modifications not executed by Solid Glass, improper or insufficient maintenance, improper operation or normal wear, tear and usage. Industry Standard All work shall be provided per normal accepted industry standards. Manufacturer's Equal The Bid Proposal is based on manufacturer's equivalent or equal to those specified, as best interpreted by Solid Glass. Inspection of Work By Others Solid Glass will promptly report any errors or omissions of work by other trades to the Contractor; however, we consider it the responsibility of others to perform in accordance with plans and specifications, and not our responsibility to determine such errors or omissions. Title 24 Requirements Bid Proposal is based upon products stated. It is the Responsible Parties responsibility to verify that the products proposed will meet Title 24 requirements. Testing Solid Glass does not include equipment and labor for field test(s). If any testing is to be performed, it must be defined and agreed upon in advance if we are to include, participate or be affected in any way. Page 3 of 5

4 Structural Loads Steel stud framing and other substrates shall be adequate to accept loads imposed by our work, engineering of these elements and reinforcement as required shall be by others. Wind Loads The Bid Proposal is based on wind loads per the 1997 UBC for this area, with graduated positive and negative wind loads, Exposure C, with deflection limited to L/175. Solid Glass work will not accept any imposed loads from work by others. Water Performance Proposed systems are designed to perform against rainwater infiltration per specification, but will not accommodate excessive water sheeting from building areas above, or drainage from other work to internal cavities of our system. Dimension Prior checking of the building structure for accuracy is not included. Solid Glass will be reimbursed if cutting, fitting or patching of its work is required due to errors by others. Protection Solid Glass excludes overhead protection and all protection of all materials after its progressive installation. Once materials are installed they become the Contractor s responsibility to protect against damage and/or theft. Solid Glass also excludes security of stored materials and equipment against theft and vandalism. Finish of Aluminum Finish will be applied to the aluminum prior to fabrication. Fasteners/Anchors The Bid Proposal is based on using plated fasteners at unexposed connections in lieu of stainless steel. Glass Glass is included to meet loads, not 1.5 times load. We do not warrant glass against breakage for any cause, including but not limited to irregular exposures & shading patterns, nickel sulfide stones, thermal stresses or spontaneous breakage. Phenomenon s such as these cannot be predicted with any certainty and must be handled as a matter of statistical probability. Caulking Caulking and backer rod at exterior perimeter of our work (1 bead) is included. At interior where necessary for the performance of our framing system is included with our work. Perimeter sealants and caulking to be selected from manufacturer s standard available stocked colors. We will use silicone sealants wherever possible. Page 4 of 5

5 Cleaning Cleaning of materials by Solid Glass shall consist of removal of any excess sealants and/or smudges at time of installation, which are not readily removable by normal final cleaning methods excluding glass identification stickers. Final Cleaning shall be by others. Debris Solid Glass will place packaging materials and other debris related to our work in a trash container provided by the Contractor and removed from the site at no cost to Solid Glass. Escalation Where the price of material, equipment or energy increases significantly during the term of the Subcontract through no fault of Solid Glass, the Subcontract shall be equitably adjusted by Change Order as provided in this agreement. A significant price increase means a change in price from the date of the Contract execution to the date of performance by an amount exceeding 5%. Vendor quotes, invoices, catalogs, receipts or other documents by commercial use shall document such price increases. Page 5 of 5