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Page 2 of 2 <br />5/16/2023 <br /> <br /> <br /> <br /> <br /> <br />STANDARD TERMS AND CONDITIONS <br />1. Price based on the award of the complete scope of <br />work included herein. <br />2. All other work not specifically included shall be <br />considered excluded from this proposal. <br />3. The inclusions, exclusions, and clarifications noted in <br />this proposal shall be made a part of the contract and <br />shall supersede any conflicting provisions. <br />4. Lumpsum change orders to include 10% markup for <br />project overhead and 15% markup for profit. Work <br />performed on a T&M basis will be paid according to the <br />latest M&H labor and equipment rate sheets. <br />5. This proposal is valid for (30) days from the date of this <br />proposal. <br />6. Payments are due within 30 days of invoice. Late <br />payments subject to 1½% monthly finance charge. <br />7. Retention (5% max.) to be released within 35 days of <br />M&H final billing. <br />8. Retention monies withheld to be deposited in an <br />escrow account with M&H as the beneficial owner. <br />9. Project schedule to be mutually agreeable and will <br />allow M&H to perform its work in an efficient sequence <br />and manner. M&H to receive a copy of the baseline <br />and subsequent schedule updates. <br />10. Client to provided unobstructed access to all areas of <br />work. <br />11. Work requested during or near inclement weather or <br />wet jobsite conditions may result in additional costs. <br />12. On-site construction water to be provided by client. <br />Hydrant meter and imported water costs by others. <br />13. Proposal based on a contract agreement that is <br />mutually agreeable. <br />14. M&H carries the following insurance limits with <br />admitted “A” rated insurance carriers: <br />a. $2,000,000 - General Liability <br />b. $2,000,000 - Auto Liability <br />c. $1,000,000 - Employers Liability (Workers <br />Compensation) <br />d. $5,000,000 - Pollution Liability <br />e. $25,000,000 - Excess Liability coverage (attaches <br />over General, Auto, & Employers Liability) <br />f. $10,000,000 - Builders Risk/Installation coverage <br />g. $1,000,000 - Earthquake and Flood (subject to <br />specific exclusions) <br />h. $2,000,000 -Design/Build Professional Liability <br />15. Additional costs apply for the following insurance <br />enhancements: Railroad Protective Liability, <br />Longshoreman/Harbor Workers, Federal Employers <br />Liability Act, Job Specific Pollution Liability, or other. <br />16. OCIP / CCIP Policies including deductibles, are subject <br />to M&H review and approval. <br />17. Any cancellation or modification of Owner or General <br />Contractor procured Wrap Up (OCIP or CCIP) insurance <br />will result in reimbursement to Contractor or <br />Subcontractor tier to procure equivalent coverage. To <br />the extent equivalent insurance is unavailable, or a gap <br />in coverage does occur as a result of cancellation or <br />modification, Owner or General Contractor shall <br />reimburse contractor and/or subcontractor tier for all <br />costs incurred for any and all claims. <br />18. This proposal includes and follows McGuire and <br />Hester’s Site Specific Covid-19 Response Protocol dated <br />5/6/2020. M&H’s Site Safety Representative (SSR) is <br />considered a senior member of the proposed crew. <br />Third party Jobsite Safety Accountability Supervisor <br />(JSAS), if required, is not included in this proposal. <br />Overall site safety is the responsibility of the Owner, or <br />General Contractor which includes providing adequate <br />social distance space for M&H to productively and <br />safely perform our work, and in accordance with <br />CalOSHA and CDPH requirements. <br />19. Due to the current pandemic, or Force Majeure event <br />(strikes, lockouts, terrorism, acts of God, COVID-19, or <br />governmental restrictions on the work) there may be <br />material, or manpower shortages, impacts to the work, <br />or supply chain issues. McGuire and Hester will do our <br />best to mitigate these issues, but will not be held liable <br />for delays, or impacts to the project schedule and/or <br />costs associated with such impacts. <br /> <br />