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CHARLES COUNTY GOVERNMENT HOTi
INTEROFFICE MEMORANDUM 101, a> r4Rylt'
tl
Equal Opportunity Employerase
TO: Board of County Commissioners
TO: Reuben B. Collins, II, Esq., PresidentBoard of County Commissioners
THRU: Mark Belton, County AdministratorOffice of the County Administrator
r\\THRU: Danielle E. Mitchell, Esq., Acting Coon y A j i. •',"
Office of the County Attorney \
THRU: Jenifer Ellin, Director A.../ \11,1DA cl pont.% a_wczn:
Department of Fiscal and Administrative SercesFe[(#i bbbo `
J30THRU: Bill Shreve, Director n
Department of Public Works • a1
FROM: John H. Stevens, Chief of Capital Services AI SrDepartment of Public Works
OF
SUBJECT: Waldorf Senior& Recreational Center( FS 3193)
Change Order# 15 Approval
DATE: April 9, 2019
Please find attached Change Orders# 15 for the Waldorf Senior and Recreational Center project: This change orderfor $153, 000.99 covers the following items: ( 1) CAT 6 wiring, wall plates and HOMI iiansmitters, (2 Provide andinstall new audio/ visual wiring and equipment; (3) Provide owner training on the_entire Information Technology( IT).system. G " :. i A
In accordance with the Budget Policies and Delegated Authorities( March 11, 2014), tite-Comnissioner.Rresident is
authorized to sign Change Orders exceeding $ 150,000 for construction, upok MaTtirity' Board^ approval: Onceapproved, please sign on the designated line of the attached Change Order form andleturn to Capital Services.
If you have any questions, please contact me at ext. 2847.
JHS/ DP/ db
Attachments: Change Order# 15
Copies of SE Davis PCO' s 9R2, 10R2& 22R2
cc: Charles Strawberry, Program Manager;David Poitras, Project Manager; Jennifer Suite, PAS; Sharma Reese,.ChiefofPurchasing; Yaffa Seiden, Asst. Chief of Purchasing; Samantha Chiriaco, Budget Analyst I; Ptajert_ ile ; iJ rJ7
F:\ CS\ CIP\ PROJECTS\ 4- VERTICAL CONSTR\ Waldorf Senior& Recreational Center( 3193)\ 02- Construction\ Correspogde$ \ Memos\ M_ BCCfrm JHS_ Wald iSr& Rec Cntr_CO# 15_ 4-9- 19. docx
1
rl`'APR 2 4 201$ j
UrFICE or THE COUNTY ATt n "
o,-, 7
APR 2 5 2019
CHARLES COUNTY COMMISSIONERS
RECEIVED
I,
DEPOF FISCP. L & ADMIN SVCS
CHARLES COUNTY GOVERNM ENT
DEPARTMENT OF PUBLIC WORKS - CAPITAL SERVICES DIVISION RECEIVED
1001 RADIO STATION ROAD
LA PLATA, MARYLAND 20646 APR - 8 2019LOCAL: ( 301) 645 -0641 FAX: ( 301) 396 -5836
S C,D.Zj D_
CHANGE ORDER NO. 15 Capital See eeIIofis / FS NO.: 3193 CONTRACT NO.: 19 -14 DATE: 4/5/2019
NAME OF PROJECT: Waldorf Senior & Recreational Center
CONTRACTOR: S.E. Davis Construction, LLC
THE FOLLOWING CHANGE(S) ARE HEREBY MADE TO THE CONTRACT:
Add PCO # 9R2 - IT new work - Peerless 40,606. 18
Add PCO # 1 OR2 - AV new work - Peerless 36,929. 83
Add PCO # 2282 - Audio Work - Peerless 575, 464. 98
THIS CHANGE ORDER: 153,000.99
Approved CHANGE ORDERS: (List axh Change Order)
Change Orders #1- # 5 169,556.04
Change Order #6: Upgrade to water cool us, install bi -Ie, tl ADA water coolers as relui red by BuiIdi rig Inspector 9,342.79
11, 469.77Change Order #7: Change steel support system for fol di ng partiti onsChange Order #8: Additional el ectrical work per RFI # 25 6,803.40
Change Order #9: HVAC changes per County di rection 6,611. 03
Change Order # 10: HVAC changes per Engi neer 7,358.23
Change Order # 11: 1 nsul ate non -rated pi pi ng i n pl enum oa I i ng 14,452.28
Change Order #12: M odi f i cati ons to steel for RTU -3 12,290.49
Change Order #13: Modificationsto ground mounted HVAC units 6, 094.09
Change Order #14: Change doors and frames i n Corri dor 123 559.96
ORIGINAL CONTRACT: 1, 174,747.00
REVISED CONTRACT AMOUNT: 1, 572,286.07
CONTRACT START DATE: 2- Nov -18
ORIGINAL COMPLETION DATE: 1- May -19ADDED TIME DUE TO PREVIOUS CHANGE ORDERS: 82
ADDED TIME DUE TO THIS CHANGE ORDER: 11
NEW COMPLETION DATE: 2- Aug -19
EXECUTION OF TH I S CHA N GE ORD ER SI GN I FI ES FU L L ACCEPTANCEAND SATISFACTION FORALL COST: DIRECT, INDIRECTAND IMPACT, IN CONSIDERATION OF INCREASE/ DECREASE
OF THE CONTRACT WAIVES ANY CLAIM FOR IMPACTOR DELAY COST RELATI V E TO WORKPERFORMED UNDER THIS MODIFICATION.
ACCEPTED BY APPROVED BY:
CONSULTA1 TRACTORNAME) CHARLES COUNTY GOVERNMENT
AAr
CONTRACTOR SIGNATURE Reuter B. Collins, II, Esl.
Sue EI lei Davis, President Prey dent - Charl es County CommissionersTITLE TITLE
4/5/ 2019
DATE DATE
J_
S DavisCONSTRUCTION
PO Box 1008, La Plata, MD 20646
301 -870 -2400 fax 301- 870 -3943
Proposed Change Order 9 Rev2 -
New IT Work
Job Name: Waldorf Senior & Rec Center
Job No.:
From: S E Davis Construction To: David Poitras
Subject: New IT Work Date: 1/ 3012019, 3/ 26/2019
Ref Specs: n/ a Drawings:
Contract
Amt
lAotual Amt
Reason for Change Request.
Tax on Material & Equipment Rental
Provide IT work per your request and directive.
57. 00
Subcontractors Cost
W. lk h,,
Description/ Unit Quantitv
Cost/
Unit
Original
Quantity Unit
189. 20
Contract
Amt
lAotual Amt
I Difference
Tax on Material & Equipment Rental 6. 00% 57. 00
Subcontractors Cost 32, 981. 17
Subtotal of All Costs 34, 617. 37
Field Layout - 8 hrs 8.00 55.00
Total with Markup 39, 809. 98
Performance & Payment Bond Cost
440.00 440. 00
Design Meetings 2000 . 95.00 1, 900.00 1, 900. 00
Design Coordination 10.00 95.00 950.00 950. 00
M6Work bv Subcontractors Forces
Subcontractor Comment Sub Amounteerless IT Scope (See attached proposal number 102 -16) dated $ 32, 981, 17
Total
Mark U
Subtotal of S E Davis Construction's Labor 440.00Labor Burden 43. 00% 189. 20Subtotal of S E Davis Construction's Material & Equipment Rental 950.00Tax on Material & Equipment Rental 6. 00% 57.00
Subcontractors Cost 32, 981. 17
Subtotal of All Costs 34, 617. 37
Total Markup 15. 00% 5, 192. 61
Total with Markup 39, 809. 98
Performance & Payment Bond Cost 2. 00% 1 $ 796. 20
Contract time for completion is increased by this Change Proposal byr orar or t nange rroposar $ 49, 605. 16
5 Calander Days
Architect's ApprovalAmount Date
PEERLESSTech Solutions
www.getpeeriess. com I @getpeerless
March 26, 2019
S. E. Davis
Jeff Holt
313 Charles Street, La Plata, MD 20646
Proposal Number: 102 -18
Type of Service: 90 Post Office Road — Cabling Test and Termination Project Support
Dear Mr. Holt,
Peerless Tech Solutions is pleased to furnish a quotation for the above referenced project to include all laborand materials needed to:
Oversee cabling project and attend progress meetings as requiredTest, Tag and Terminate (70) cable runs per drawings and table belowFurnish and install wall plates, key stones, RG6 F -cons, (2) patch panels and ( 5) ConPts for WAPsMount and configure CC IT provided hardware and racking
Test, Tag and Terminate (2) POTS and ( 2) Fiber drops lines from existing incoming hub to new locationFurnish, Install and Integrate ( 14) wireless HDMI transmitter and receiver
Provide 8 hours ( 2 4 hours sessions) of owner trainingReview completed work with owner' s representative
Total lump sum price for this work TO BE COMPLETED AND AWARDED AT one time is $32,981. 17
Cable Requirements Devices 1st Floor Devices 2nd Floor
CAT 6 3 2
CAT 6 15 9
CAT 6 ( Outdoor Rated Cable) 7 0
1) COAX to each run 6 8
CAT 6 12 10
CAT 6 1 7
CAT 6 1 1
CAT 6 2 0
Fiber 2 0
PEERLESSTech Solutions
www.getpeeriess. com I @getpeerless
Clarifications:
Per attached terms and conditions.
All work to be performed during regular working hours. This is a lump sum, fixed price proposal. Includes 8 hours of owner training. Fiber form E closet to new switch location to be done during regular working hours. We have not included repairs not specifically stated above. Should we find that, through theperformance of this work, additional work will be required, we will quote at that time
This pricing is valid for 30 days from the date of this correspondence.
Payment is due upon completion of the job.
Sincerely, 1
Richard ' RX Williams
Senior Account Manager
ACCEPTANCE OF QUOTATION
Authorized Representative Date
PEERLESSTech Solutions
www.getpeerless. com I @getpeerless
Terms and Conditions
1. Each party to this Agreement acknowledges to the other that each will have contact with employees, consultants, independentcontractors or employees of independent contractors ( herein collectively, " Employees ") of the other in connection with ongoingperformance pursuant to this Agreement, that such party' s Employees will be rendering valuable services, the interruption ortermination of which may cause serious disruption and damage to such party. Therefore, each party agrees that it will not solicit, hire, or retain, in any capacity whatsoever, either directly or indirectly, whether as employee, agent, independent contractor employee orindependent contractor, and Employee of the other party who performed any service under this Agreement in any capacity whatsoever. The provision of this article shall remain in effect for the term of this Agreement and for a period of two years after the termination ofthis agreement.
2. Both parties acknowledge that failure to honor the Non - Solicitation Provision would result in the other party suffering substantialdamages. As the exact amount of such damages cannot be readily quantified, the parties hereto agree that upon a breach of the Non - Solicitation Provision, the party in breach shall pay to the other party as liquidated damages ( and not as a penalty) the sum of $100, 000for such breach. The aforementioned liquidated damage provision in no way limits either's right to seek injunctive or other equitableremedies respecting such breach or continuing breach.
3. The work described will be performed in accordance with applicable Peerless Tech Solutions, LLC. specifications, assumptions andterms contained herein. If any of the customers' provided assumptions or applicable specification changes, prices for a specific taskmay be increased or decreased accordingly and deliverables may be delayed. All additional work required due to changes inassumptions, specifications, or conditions of the site, will only be performed pursuant to a valid change order.
4. It is assumed that the customer will provide ready access to all working areas of the project. Any delays experienced, which preventthe contractor from performing the duties of this contract, will be billed on a T &M basis separate from this proposal.
5. It is understood that Peerless Tech Solutions, LLC. will not be held responsible for any loss, damage or delays occasioned by fire, strikes or material stolen after delivery upon premises, lockouts, acts of God or the public enemy, accidents, boycotts, disturbed laborconditions, delayed delivery of materials from seller's suppliers, force majored, inclement weather, floods, freight embargoes, causesincident to national emergencies, war or other causes beyond the reasonable control of the seller, whether of like or different character, or other causes beyond his control.
6. Prices quoted in this contract are based upon the proposal will be accepted within thirty (30) days and are exclusive of applicablesales tax and shipping costs unless otherwise specified.
7. Customer will provide necessary space, proper lighting, electrical circuits, or any other environmental requirements needed forPeerless Tech Solutions, LLC. to perform work at the customer's location.
8. Prices contained herein are based on Peerless Tech Solutions, LLC. performing work between 8: 00 AM and 6: 00 PM, whenever andwherever possible, Monday through Friday, and January through December. Peerless Tech Solutions, LLC. holidays excluded. Alsoexcluded are required network interruptions, out over periods where specified or when agreed upon. If the customer requires PeerlessTech Solutions, LLC. to work other than indicated times or work hours other than those listed, and Peerless Tech Solutions, LLC. agrees to work such non - standard hours, hourly incremental overtime charges shall apply.
9. Peerless Tech Solutions, LLC. will ensure that the work -site is clean and free of trash and debris on a daily basis.
10. Customer shall be responsible for providing storage and security for hardware /equipment on the job site.
11. All work will be performed in accordance with the Peerless Tech Solutions, LLC. standard practices and any state /local codes ineffect at the time of contract signing.
12. Damage to work performed caused by other trades, will be repaired or replaced at the client's option, and billed on a T &M orderseparate from this proposal.
13. Peerless Tech Solutions, LLC. cannot be responsible for schedule delays caused by construction activities at customer' s facilitybeyond direct control of Peerless Tech Solutions, LLC. Any such schedule delays will incur hourly incremental labor charges.
14. Billing for this engagement will follow this milestone invoicing schedule
Total Hardware and Software cost upon execution of this Agreement.
50% of Professional Services fees upon Hardware Installation Delivery. Balance Due Upon Project Acceptance
XP" SE DAVISCONSTRUCTION
PO Box 1008, La Plata, MD 20646
301. 870 -2400 fax 301 - 870 -3943 Job Name:
Job No.:
Proposed Change Order 10 Rev2-
New AV Work
Waldorf Reninr A Ree Center
From: S E Davis Construction To: David Poitras
Subject: Audio Visual Work Date: 1/ 30/ 2019, 3/26/ 2019
Ref Specs: n/ a Drawings:
Reason for Change Request:
pride Audio Visual work per your request and directive.
r_- .. --.-I 1- 1 - 1—
Descri tionlUnit Quantit
C- 5U
Unit
Original
Quantity Unit
0. 00
Contract
Amt
Actual Amt
Difference
27, 371. 98
Subtotal of All Costs 31, 483. 23
Total Markup 15. 00% 4, 722. 48
Total with Markup 36, 205. 71
Performance & Payment Bond Cost to be added at mob close 2. 00% 1 $ 724. 11
Field Layout - 16 hrs to locate cameras, tv,
etc.
16. 00 55. 00 880.00 880. 00
Design Meetings 13. 00 95.00 1, 235. 00 1, 235. 00
Design 8. 00 95.00 760. 00 760.00
Total
Work by Subcontractors ForcesSubcontractor Comment Sub Amount
Peerless AV Scope (See attached proposal number 102 -18) revised March 26, 2019 $ 27,371. 98
Total
Mv4 fln
Subtotal of S E Davis Construction' s Labor 2,875. 00
Labor Burden 43.00% 1, 236. 25
Subtotal of S E Davis Construction' s Material & Equipment Rental 0. 00
Tax on Material & Equipment Rental 6. 00% 0. 00
Subcontractors Cost 27, 371. 98
Subtotal of All Costs 31, 483. 23
Total Markup 15. 00% 4, 722. 48
Total with Markup 36, 205. 71
Performance & Payment Bond Cost to be added at mob close 2. 00% 1 $ 724. 11
Contract time for completion is increased by this Change Proposal by
I Mai u1 W1611YU V1 P.. i . raa,eca a
3 Calander Days
Architect's Approval Amount Date
PEERLESSTech Solutions
www.getpeerless.com I @getpeerless
March 26, 2019
S. E. Davis
Jeff Holt
313 Charles Street,
La Plata, MD 20646
Proposal Number: 102 -18
Type of Service: 90 Post Office Road — Cabling Test and Termination Project Support
Dear Mr. Holt,
Peerless Tech Solutions is pleased to furnish a quotation for the above referenced project to include all laborand materials needed to:
Attend progress meetings as required
Wire, Test, furnish, install, program and integrate Audio Visual Solutions as noted in table 214) Samsung TV's that will be mounted on wall7) Sonos PlayBar that will also be mounted on wall1) 4x4 matrix for video on 2 separate monitors
1) wall mounted iPad to allow control in the multipurpose areaReview completed work with owner's representative
Total lump sum price for this work is $27, 371. 98
Clarifications:
Per attached terms and conditions.
All work to be performed during regular working hours. This is a lump sum, fixed price proposal. We have not included repairs not specifically stated above. Should we find that, through theperformance of this work, additional work will be required, we will quote at that time.
This pricing is valid for 30 days from the date of this correspondence.
Payment is due upon completion of the job.
Sincerely,
Richard " RX Williams
Senior Account Manager
ACCEPTANCE OF QUOTATION
Authorized Representative Date
PEERLESSTech Solutions
www.getpeerless.com I @getpeerjess
Terms and Conditions
1. Each party to this Agreement acknowledges to the other that each will have contact with employees, consultants, independentcontractors or employees of independent contractors ( herein collectively, " Employees ") of the other in connection with ongoingperformance pursuant to this Agreement, that such party' s Employees will be rendering valuable services, the interruption ortermination of which may cause serious disruption and damage to such party. Therefore, each party agrees that it will not solicit, hire, or retain, in any capacity whatsoever, either directly or indirectly, whether as employee, agent, independent contractor employee orindependent contractor, and Employee of the other party who performed any service under this Agreement in any capacity whatsoever. The provision of this article shall remain in effect for the tern of this Agreement and for a period of two years after the termination ofthis agreement.
2. Both parties acknowledge that failure to honor the Non - Solicitation Provision would result in the other party suffering substantialdamages. As the exact amount of such damages cannot be readily quantified, the parties hereto agree that upon a breach of the Non - Solicitation Provision, the party in breach shall pay to the other party as liquidated damages ( and not as a penalty) the sum of $ 100,000for such breach. The liquidated damage provision in no way limits either's right to seek injunctive or other equitable remediesrespecting such breach or continuing breach.
3. The work described will be performed in accordance with applicable Peerless Tech Solutions, LLC. specifications, assumptions andterms contained herein. If any of the customers' provided assumptions or applicable specification changes, prices for a specific taskmay be increased or decreased accordingly and deliverables may be delayed. All additional work required due to changes inassumptions, specifications, or conditions of the site, will only be performed pursuant to a valid change order.
4. It is assumed that the customer will provide ready access to all working areas of the project. Any delays experienced, which preventthe contractor from performing the duties of this contract, will be billed on a T &M basis separate from this proposal.
5. It is understood that Peerless Tech Solutions, LLC. will not be held responsible for any loss, damage or delays occasioned by fire, strikes or material stolen after delivery upon premises, lockouts, acts of God or the public enemy, accidents, boycotts, disturbed laborconditions, delayed delivery of materials from seller's suppliers, force majored, inclement weather, floods, freight embargoes, causesincident to national emergencies, war or other causes beyond the reasonable control of the seller, whether of like or different character, or other causes beyond his control.
6. Prices quoted in this contract are based upon the proposal will be accepted within thirty (30) days and are exclusive of applicablesales tax and shipping costs unless otherwise specified.
7. Customer will provide necessary space, proper lighting, electrical circuits, or any other environmental requirements needed forPeerless Tech Solutions, LLC. to perform work at the customer's location.
8. Prices contained herein are based on Peerless Tech Solutions, LLC. performing work between 8: 00 AM and 6:00 PM, whenever andwherever possible, Monday through Friday, and January through December. Peerless Tech Solutions, LLC. holidays excluded. Alsoexcluded are required network interruptions, cut over periods where specified or when agreed upon. If the customer requires PeerlessTech Solutions, LLC. to work other than indicated times or work hours other than those listed, and Peerless Tech Solutions, LLC. agrees to work such non - standard hours, hourly incremental overtime charges shall apply.
9. Peerless Tech Solutions, LLC. will ensure that the work -site is clean and free of trash and debris on a daily basis
10. Customer shall be responsible for providing storage and security for hardware /equipment on the job site.
11. All work will be performed in accordance with the Peerless Tech Solutions, LLC. standard practices and any state /local codes ineffect at the time of contract signing.
12. Damage to work performed caused by other trades, will be repaired or replaced at the client's option, and billed on a T &M orderseparate from this proposal.
13. Peerless Tech Solutions, LLC. cannot be responsible for schedule delays caused by construction activities at customer's facilitybeyond direct control of Peerless Tech Solutions, LLC. Any such schedule delays will incur hourly incremental labor charges.
14. Billing for this engagement will follow this milestone invoicing schedule:
Total Hardware and Software cost upon execution of this Agreement. 50% of Professional Services fees upon Hardware Installation Delivery. Balance Due Upon Project Acceptance
rPm SE DAVISCONSTRUCTION
PO Box 1008, La Plata, MD 20646301 - 870 -2400 fax 301 - 870 -3943
Ref Specs:
S E Davis Construction
Audio Work
nra
IReason for Change Request.
Provide Audio work per your request and directive.
Job Name:
Job No.:
To:
Date
Drawings:
Proposed Change Order 22 Rev2- Audio Work
Waldorf Senior & Kee uenw,
Descri tionlUnit
Field Layout - 8 hrs to locate audioequipment
Quantity
8. 00
8. 00
WOrK O tienerar
Cost/
Unit
55. 00
95.00
wnunu r
Original
QuantitY Unit
516. 00
Contract
Amt
Actual Amt
440.00
760. 00
Difference
440.00
760.00
Design
0. 00
on Material & Equipment Rental 6. 00% 62, 619. 02
contractors Cost
Performance
64, 335. 02
total of All Costs15. 00%
9, 650. 25
al Marku 73, 985. 27
al with Marku 2. 00% 1, 479. 71Pa ment Bond Cost to be added at job close
76, 464. 98
r . ra.
Work by Subcontractors Forces Sub Amount
SubcontractorComment
PeerlessAudio Scope (See attached proposal number 102 -18) revised Marcn < o, m. o - -- - - --
marK u1, 200.00
total of S E Davis Construction' s Labor43. 00%
516. 00
or Burden 0.00
total of S E Davis Construction's Material & E ui ment Rental 0. 00
on Material & Equipment Rental 6. 00% 62, 619. 02
contractors Cost
Performance
64, 335. 02
total of All Costs15. 00%
9, 650. 25
al Marku 73, 985. 27
al with Marku 2. 00% 1, 479. 71Pa ment Bond Cost to be added at job close
76, 464. 98
Contract time for completion is increased by this Change Proposal by3 Calander Days
Architect's ApprovalAmount
Date
PEERLESSTech Solutions
www.getpeerless.com I @getpeerless
March 26, 2019
S. E. DavisJeff Holt
313 Charles Street, La Plata, MD 20646
Proposal Number: 102 -18
Type of Service: 90 Post Office Road — Cabling Test and Termination Project SupportDear Mr. Holt,
Peerless Tech Solutions is pleased to furnish a quotation for the above referenced project to include all laborand materials needed to:
Attend progress meetings as required
Wire, Test, furnish, install, program and integrate Audio Visual Solutions as noted in table 2Provide 8 hours (2 4 hours sessions) of owner training4) JBL flyable speakers2) wall mounted racks3) Shure microphones
8) Russound in- ceiling speakers6) pendant speakers4) wireless access points
1) network signal processor to control 4 different audio zones3) Bluetooth kits
Review completed work with owner's representative
Total lump sum price for this work is $ 62, 619. 02
PEERLESSTech Solutions
www.getpeerless. com I @getpeerless
Table 1
OSE AREA
Shure Wireless Mic 2
6.5" edgless in- ceiling speakers a
Russound controller 2
Yamaha receivers 1
Wall Rack 1
iPad Multipurpose Room Controller 1
Prewire 1
Install Labor 1
GY,,
Shure Wireless Vic 1
Yamaha flyable speakers 4
Yamaha poweramp 1
Harmon kardon Bluetooth adapter 1
Furman power conditioner 1
Lift rental 1
Wall mounted rack 1
Prewire( running speaker drops) 1
Install Labor 1
RIMS 67 Mixer 1
Fitnes
Shure wireless headset mic 1
Install Labor 1
Group Fitr" Shure wireless headset mic 1
Russound amp 1
Yamaha receiver 1
Presonus mixer 1
Prewire( runningwiring) 1
Pendant Speakers 6
Install Labor 1
Furman power conditioner 1
Wall mounted rack 1
Center Wide •. 55' Samsung LED 5
75" Samsung LED 9
N wall mounts 14
Soundbarmounts 7
Installation of tvs and soundbars 14
Wall Mounted Racks 2
Network Signal Processor 1
Bluetooth Kits 3
4x4 Matrix for Video 2
PEERLESSTech Solutions
www.getpeerless.com I @getpeerless
Clarifications:
Per attached terms and conditions.
All work to be performed during regular working hours. This is a lump sum, fixed price proposal.
We have not included repairs not specifically stated above. Should we find that, through theperformance of this work, additional work will be required, we will quote at that time.
This pricing is valid for 30 days from the date of this correspondence
Payment is due upon completion of the job.
Sincerely,
Richard ' RX WilliamsSenior Account Manager
ACCEPTANCE OF QUOTATION
Authorized Representative Date
PEERLESSTech Solutions
www.getpeerless. com I @getpeerless
Terms and Conditions
1. Each party to this Agreement acknowledges to the other that each will have contact with employees, consultants, independentcontractors or employees of independent contractors (herein collectively, " Employees ") of the other in connection with ongoingperformance pursuant to this Agreement, that such party' s Employees will be rendering valuable services, the interruption ortermination of which may cause serious disruption and damage to such party. Therefore, each party agrees that it will not solicit, hire, or retain, in any capacity whatsoever, either directly or indirectly, whether as employee, agent, independent contractor employee orindependent contractor, and Employee of the other party who performed any service under this Agreement in any capacity whatsoever. The provision of this article shall remain in effect for the term of this Agreement and for a period of two years after the termination ofthis agreement.
2. Both parties acknowledge that failure to honor the Non - Solicitation Provision would result in the other party suffering substantialdamages. As the exact amount of such damages cannot be readily quantified, the parties hereto agree that upon a breach of the Non - Solicitation Provision, the party in breach shall pay to the other party as liquidated damages ( and not as a penalty) the sum of $100, 000for such breach. The aforementioned liquidated damage provision in no way limits either's right to seek injunctive or other equitableremedies respecting such breach or continuing breach.
3. The work described will be performed in accordance with applicable Peerless Tech Solutions, LLC. specifications, assumptions andterms contained herein. If any of the customers' provided assumptions or applicable specification changes, prices for a specific taskmay be increased or decreased accordingly and deliverables may be delayed. All additional work required due to changes inassumptions, specifications, or conditions of the site, will only be performed pursuant to a valid change order.
4. It is assumed that the customer will provide ready access to all working areas of the project. Any delays experienced, which preventthe contractor from performing the duties of this contract, will be billed on a T &M basis separate from this proposal.
5. It is understood that Peerless Tech Solutions, LLC. will not be held responsible for any loss, damage or delays occasioned by fire, strikes or material stolen after delivery upon premises, lockouts, acts of God or the public enemy, accidents, boycotts, disturbed laborconditions, delayed delivery of materials from seller's suppliers, force majored, inclement weather, floods, freight embargoes, causesincident to national emergencies, war or other causes beyond the reasonable control of the seller, whether of like or different character, or other causes beyond his control.
6. Prices quoted in this contract are based upon the proposal will be accepted within thirty ( 30) days and are exclusive of applicablesales tax and shipping costs unless otherwise specified.
7. Customer will provide necessary space, proper lighting, electrical circuits, or any other environmental requirements needed forPeerless Tech Solutions, LLC. to perform work at the customer's location.
8. Prices contained herein are based on Peerless Tech Solutions, LLC. performing work between 8:00 AM and 6: 00 PM, whenever andwherever possible, Monday through Friday, and January through December. Peerless Tech Solutions, LLC. holidays excluded. Alsoexcluded are required network interruptions, cut over periods where specified or when agreed upon. If the customer requires PeerlessTech Solutions, LLC. to work other than indicated times or work hours other than those listed, and Peerless Tech Solutions, LLC. agrees to work such non - standard hours, hourly incremental overtime charges shall apply.
9. Peerless Tech Solutions, LLC. will ensure that the work -site is clean and free of trash and debris on a daily basis
10. Customer shall be responsible for providing storage and security for hardware /equipment on the job site.
11. All work will be performed in accordance with the Peerless Tech Solutions, LLC. standard practices and any state /local codes ineffect at the time of contract signing.
12. Damage to work performed caused by other trades, will be repaired or replaced at the client's option, and billed on a T &M orderseparate from this proposal.
13. Peerless Tech Solutions, LLC. cannot be responsible for schedule delays caused by construction activities at customer's facilitybeyond direct control of Peerless Tech Solutions, LLC. Any such schedule delays will incur hourly incremental labor charges.
14. Billing for this engagement will follow this milestone invoicing schedule:
Total Hardware and Software cost upon execution of this Agreement. 50% of Professional Services fees upon Hardware Installation Delivery. Balance Due Upon Project Acceptance