town of ontario town hall offices 1850 ridge road ontario...
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Town of OntarioTown Hall Offices1850 Ridge RoadOntario NY 14519Main Phone 315.524.3441Supervisor 315.524.7105
11 May 2020Ontario Town Board Meeting Agenda
7:00 p.m. MeetingVia Zoom
I. Call to Order / Pledge of Allegiance
II. Revisions to Agenda
III. Comments from the Public■ While conducting meetings electronically commentsare to be emailed to the supervisor [email protected] and will be addressed bythe appropriate party.
IV. OLD BUSINESS
V. Reports
■ Supervisor Report■ Town Clerk Report (attachment)■ Assessor (attachment)■ Building Dept. (verbal)■ Parks and Rec Dept. (verbal)■ Highway Dept. (verbal)■ Water/Sewer Dept. (verbal)■ Library (verbal)
VI. NEW BUSINESS
■ Wayne County Mowing Agreement (attachment)
■ ALS Environmental Agreement (attachment)
■ Glass Gallery Quote (attachment)
■ Authorization for Court Generator $10,325.97
■ Justice Court Plexiglass Shield Quote (attachment)
■ Consideration of Mower Purchase (attachment)
■ WTP Highlift Variable Frequency Drive (attachment)
■ WTP Southside Furnace Purchase (attachment)
VII. BUDGET / ADJUSTMENT TRANSFERS
■ Justice Court (attachment)
VIII. Appointments / Resignations
IX. Board Member Comments
■ Meeting May 25th, Memorial Day?
X. Approval of Claims
XI. Workshop Items
XII. Executive Session / Adjournment
TOWN OF NTARIOWAYNE COUNTY’S “COMMUNITY OF GOOD NEIGHBORS”
Melissa HalsteadAssessor
Town Hall ~ Assessing Department ~ 1850 Ridge Road ~ Ontario, New York 14519 ~ (315) 524-3226x401TDD 1-800-622-1220
An Equal Opportunity Employer and Provider
■Assessing DepartmentApril 2020 Report
· Processed 10 transfers· Updated bank codes· Updated Change of addresses· Permits on hold for next year processing· C of Cs on hold for next year processing· Fielded many calls concerning cancellation of 2020 reassessment· Prepared Board and Sales report for April· Assessor held 6 informal meetings regarding residents’ assessments via email and phone· Post legal notice in local paper for Tentative Roll· Filed Tentative Roll with Wayne County· Updated Telecommunication ceiling values.· Received Tax Maps from County· Continued to process all exemptions that have been received in April· Submit Mobile Home spreadsheet to state.· Updated IVP exemptions on state website and RPSV4· Provided new resident information to several civic organizations· Continue to receive and process Property Description reports. This is very important step
in keeping inventory data up to date· Continuing with file maintenance, verifying inventory files etc.
Respectfully submitted,
Mel HalsteadMel HalsteadSole Assessor
■
Town of Ontario Courthouse1850 Ridge Rd.Ontario, NY 145195/4/20
PROPOSAL
To construct & install 3 sneeze guards
1 - Approximately 72" wide x 36" high in front of bailiff desk1 - Approximately 72" wide x 30" high to the right of judge's stand1 - Approximately 72" wide x 24" high in front of judge's stand
Materials Used:*1/4" thick clear poly carbonate panels*Framed with clear pine*Finished to blend with existing finishes*Openings at bottom to slide paperwork and folders through*Installed in place
**Materials & Labor $3,835.00
Please call me with any questions. I look forward to working with you on this project.
Respectively submitted,
Mike MorseCountryside Remodeling & RepairsProprietor(585) 545-8191 Accepted by ____________________________5/4/20
Date ___________________________________
*Window & Door Replacements *Decks & Sheds *Kitchen & Baths *Moulding & Trim *Custom Carpentry*Plumbing *Electrical *Custom Furniture *Flooring & Tiling
*Insured*
Michael R. Morse1880 Kenyon Rd.
Ontario, NY 14519(585) 545-8191
Page 1 of 3
Town of Ontario Adam Cummings, PE, BCEE
Water Utilities Department Superintendent/Town Engineer
2200 Lake Rd. (315) 524-2941
Ontario, NY 14519
To: Town Board/Board of Water Commissioners
From: Adam Cummings
Date: 5/5/2020
Subject: Rotary Mower Purchase Request
I respectfully request approval for the purchase of one (1) used 2012 Jacobsen 628 72-
inch mower. The currently owned 2006 Jacobsen 628 mower requires extensive repairs
(~$3,858 per attached Service Quotation). In-house staff has repaired it numerous times
over the past 5 years, but the necessary repairs require a certified shop to adequately
complete.
After obtaining quotes for new equipment ranging from a new 72-inch Jacobsen Turfcat
($21,843), a new 72-inch Zero-Turn Ferris ($12,349), and a quote for the used 2012
Jacobsen 628 72-inch ($8,900), it is my recommendation to authorize the servicing of the
2006 Jacobsen (hydraulic tank leak repair/replacement) and purchase the used 2012
Jacobsen 628.
MTE Equipment provided a credit of $500 for the 2006 unit, but I feel that this
equipment could capture a higher price at public auction, based on historical auction
results (see below) and typical depreciation schedules for this type of equipment (see
below), so I would will have the hydraulic leak repaired and then pursue putting it to
auction in the future. In the meantime, it will serve as a backup to the purchased
equipment.
I also researched the option of purchasing a zero-turn radius mower, which are
considerably less expensive than a commercial 4-wheel drive rotary mower, but do not
recommend that type of mower based on the amount of inclined surfaces and wet areas
we maintain in our campuses in the Water Utilities Department. The mower sales
representatives confirmed these concerns.
Page 2 of 3
Recent Online Auction Results
$2,868
$-
$2,000
$4,000
$6,000
$8,000
$10,000
$12,000
$14,000
$16,000
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Riding Mower Depreciation Trend2006 Jacobsen Turfcat
Page 3 of 3
I performed an economic evaluation to determine the most appropriate course of action.
Based on the results, purchasing the 2012 Jacobsen is the most attractive and sensible
option. It has the lower Equivalent Uniform Annual Cost (EUAC) of the three options
evaluated.
Attached are the quotations and the breakdown of the materials and associated prices.
This purchase of this mower will be paid equally from budget codes below, which have
adequate funds (see attached report):
FFF.8330.200 $2,966.67
FFF8340.200 $2,966.67
SS1.8130.200 $2,966.66
2006
Jaco
bsen
628D
2012
Jaco
bsen
628D
2020
Jaco
bsen
628D
Initial Cost 3,856$ 8,900$ 21,843$
Estimated Life 3 7 15
Salvage Value -$ 1,773$ 4,350$
Annual Maintenance Cost 500$ 350$ 250$
EUAC 1,864.41$ 1,549.87$ 1,852.58$
Assumptions:
1) Expected total lifespan is 15 years.
2) Assumed attractive Rate of Return is 3%.
3) Equivalent Uniform Annual Cost analysis method was used.
Item Type Description Qty Tax Price Discount Net Price34103 UN Jacobsen JMC.69176 Yr: 2012 1.0000 $8,900.00 $8,900.00
S/N: 6917601706POE - Turfcat 628D 4WD 72" Side UsedMeter: 1273.00 HoursWarranty Date: 4/13/2017
16004 / 04/27/2001 TR JMC.946714 1.0000 $500.00 ($500.00)
S/N: 94671400222JMC - 628 Turfcat 4WD 26 hp Kubota Diesel
Total: $8,400.00
TotalsSub Total: $8,400.00Total Tax: $0.00Invoice Total: $8,400.00
Signature:______________________________________
THIS QUOTE VALID FOR 30 DAYS. PLEASE SIGN AND RETURN TO EXECUTE THIS CONTRACT. PAYMENT MUST BE MADE AT OR PRIOR TO DELIVERY. FAX: 585-334-6332 OR EMAIL: [email protected]. THIS DOCUMENT CONSTITUTES A LEGAL BINDING AGREEMENT.
Town of Ontario Water 561854 Adam Cummings2200 Lake RoadOntario, NY 14519
Bill To:
Town of Ontario Water2200 Lake RoadOntario, NY 14519 US(315) 524-2941 x0000
Ship To:
QUOTE - DO NOT PAY
Cust Email:Phone:Salesperson:User:
[email protected](315) 524-2941 x700jcosentinojcosentino
PO: POE TurfcatCustId: ONTARIO WATER
Quote: 01-42018Date: 5/4/2020
Item Type Description Qty Tax Price Discount Net PriceJMC.421200G01 PA WG - TurfCat 4WD- Premium Seat 1.0000 $24,445.00 $6,355.70 $18,089.30
Discount applied: 26.00%
JMC.69192 PA WG - 72 Side Discharge Deck 1.0000 $5,073.00 $1,318.98 $3,754.02Discount applied: 26.00%
Remark RE 63" SD Deck in lieu of 72" SD Deck deduct $448.82Total: $21,843.32
TotalsSub Total: $21,843.32Total Tax: $0.00Invoice Total: $21,843.32
NEW YORK STATE CONTRACTGroup: 40625 Award: PGB-22792Contract# PC68233
Signature:______________________________________
THIS QUOTE VALID FOR 30 DAYS. PLEASE SIGN AND RETURN TO EXECUTE THIS CONTRACT. PAYMENT MUST BE MADE AT OR PRIOR TO DELIVERY. FAX: 585-334-6332 OR EMAIL: [email protected]. THIS DOCUMENT CONSTITUTES A LEGAL BINDING AGREEMENT.
Town of Ontario Water 561854 Adam Cummings2200 Lake RoadOntario, NY 14519
Bill To:
Town of Ontario Water2200 Lake RoadOntario, NY 14519 US(315) 524-2941 x0000
Ship To:
QUOTE - DO NOT PAY
Cust Email:Phone:Salesperson:User:
[email protected](315) 524-2941 x700jcosentinojcosentino
PO: TurfcatCustId: ONTARIO WATER
Quote: 01-41864Date: 4/20/2020
Date:Statement of Expenditures, Encumbrances & Appropriations
05/05/2020
11:18:35AM 1Town of Ontario
Time: Page:
ADAMUser:
PRIOR YEAR OUTSTANDING
ENCUMBRANCES
YEAR-TO-DATE
Selecting on SWR from 1 to 3
ACCOUNT DESCRIPTION
For Period Ending 05/31/2020
USED
PERCENT
BALANCE
UNENCUMBERED
ENCUMBRANCES
OUTSTANDING
EXPENDITURESEXPENDITURES
MONTH-TO-DATE
APPROPRIATIONS
ACCOUNT
FFF.1440.400
Engineering Fees Contractual 8,321.00 7,633.50 8.26687.50
FFF.1910.400
Unallocated Insurance 30,000.00 2,933.79 90.2227,066.21
FFF.1990.400
Contingent Account 28,000.00 28,000.00
FFF.8310.100
Water Admin Personal Services 103,964.00 84,397.33 18.8219,566.67
FFF.8310.200
Water Admin Equipment 555.00 555.00
FFF.8310.400
Water Admin Contractual 40,160.00 6,668.90 13,803.03 65.6319,688.07
FFF.8320.200
SUPPLY,POWER & PUMPING EQU 10,000.00 10,000.00
FFF.8320.400
Suply,Power,&Pumping Contractual 40,000.00 37,072.19 7.322,927.81
FFF.8330.100
Purification Personal Services 325,000.00 245,414.05 24.4979,585.95
FFF.8330.200
Purification Equipment 27,000.00 12,487.65 53.7514,512.35
FFF.8330.400
Purification Contractual 284,000.00 213,616.72 24.7870,383.28
FFF.8340.100
Trans/Dist Personal Services 200,000.00 137,337.43 31.3362,662.57
FFF.8340.200
Trans/Dist Equipment 55,000.00 52,190.17 5.112,809.83
FFF.8340.400
Trans/Dist Contractual 300,000.00 208,205.39 30.6091,794.61
SS1.1440.400
Engineering Fees Contractual 18,000.00 15,312.00 14.932,688.00
SS1.1910.400
Unallocated Insurance 7,500.00 1,542.49 79.435,957.51
SS1.1990.400
Contingency Account Contractual 15,000.00 15,000.00
SS1.8110.100
Sewer Admin Personal Services 104,000.00 84,433.33 18.8119,566.67
SS1.8110.200
Sewer Admin Equipment 600.00 600.00
SS1.8110.400
Sewer Admin Contractual 35,000.00 1,918.64 21,031.89 39.9112,049.47
SS1.8120.100
Sanitary Sewers Personal Service 58,000.00 51,655.40 10.946,344.60
Date:Statement of Expenditures, Encumbrances & Appropriations
05/05/2020
11:18:35AM 2Town of Ontario
Time: Page:
ADAMUser:
PRIOR YEAR OUTSTANDING
ENCUMBRANCES
YEAR-TO-DATE
Selecting on SWR from 1 to 3
ACCOUNT DESCRIPTION
For Period Ending 05/31/2020
USED
PERCENT
BALANCE
UNENCUMBERED
ENCUMBRANCES
OUTSTANDING
EXPENDITURESEXPENDITURES
MONTH-TO-DATE
APPROPRIATIONS
ACCOUNT
SS1.8120.200
Sanitary Sewers Equipment 2,500.00 -14,791.35 691.6517,291.35
SS1.8120.400
Sanitary Sewers Contractual 70,000.00 37,467.37 46.4832,532.63
SS1.8130.100
Sewage/Treat/Disp Personal Serv 225,000.00 154,525.59 31.3270,474.41
SS1.8130.200
Sewage/Treat/Disp Equipment 75,990.00 67,129.00 11.668,861.00
SS1.8130.400
Sewage/Treat/Disp Contractual 150,000.00 73,051.91 51.3076,948.09
SS2.8110.400
Sewer Admin Contractual 1,200.00 1,200.00
SS2.8120.400
Sanitary Sewers Contractual -2,966.822,966.82
SS2.8130.200
Sewage/Treat/Disp Equipment 18,000.00 18,000.00
SS2.8130.400
Sewage/Treat/Disp Contractual 60,000.00 60,000.00
2,292,790.00 647,365.40 8,587.54 1,636,837.06Report totals 28.610.00
Town of Ontario Adam Cummings, PE, BCEE
Water Utilities Department Superintendent/Town Engineer
2200 Lake Road (315) 524-2941x700
Ontario, NY 14519 [email protected]
PURCHASE REQUEST
High Lift VFD Replacement Memo 20200507.docx Page 1 of 1
To: Ontario Town Board/Board of Water Commissioners
From: Adam Cummings, P.E.
Date: 5/7/2020
Subject: WTP High Lift Variable Frequency Drive (VFD) Replacement - High Lift #2
I respectfully request the Town Board/Board of Water Commissioners approve
the request for the purchase of a replacement Variable Frequency Drive, from
AquaLogics, running one of our High Lift Pumps that is showing signs of failure. It is a
critical asset in our system.
This existing VFD was installed around 2008. These types of drives have a typical
expected life span of 7-12 years. We require this unit to ensure we can produce drinking
water for the Town and surrounding customers. We just replaced the other unit back in
February and were hoping to get 1-2 years before having to purchase this drive, but we
are unable to afford to wait any longer as this unit is showing alarm indications of
pending failure.
Vendor
Product
Quotation
Amount
AquaLogics Furnish 250 HP VFD (480 VAC) (Danfoss) $14,998.50
RITEC
Enterprises
Furnish 250 HP VFD (480 VAC) (Danfoss) $15,859.64
RF Peck Furnish 250 HP VFD (480 VAC) (ABB) $18,765.00
The cost will not exceed $14,998.50 and all materials will be purchased from
AquaLogics. This cost does not include wiring and installation. Attached is the quotation
and the breakdown of the materials and associated prices. This purchase will be paid
from budget code FFF.8330.200.
Cc: Quotation Proposal, AquaLogics Systems, dated 4/15/2020
Quotation Proposal, RITEC Enterprises, dated 1/29/2020 (RITEC confirmed the
prices are still valid)
Quotation Proposal, RF Peck, dated 4/6/2020
1
5 Dwight Park Drive Syracuse, NY 13209 Phone: (315) 413-0400 Fax: (315) 413-0404
Proposal # Q1-20-052 April 15, 2020 Town of Ontario Water Utilities 1961 Lake Road Ontario, NY 14519 Attention: Chad Pitre Reference: 250 HP Danfoss Variable Frequency Drive Chad, AquaLogics Systems, Inc. is pleased to offer the following proposal for your consideration. Equipment:
Qty.1- Danfoss Variable Frequency Drive; VLT® AQUA DRIVE FC 200, 160 KW / 250 HP, 380 - 480 VAC, Three phase, IP21/Type 1, Model FC-202N160T4E21H2XGC7XXSXXXXAXBXCXXXXDX
Fuse, Graphical Loc. Cont. Panel RFI Class A2 (C3), Coated PCB, No A Option, No B Option, No C1 option, No D option Standard Cable Entries, No adaptation, No brake chopper, FRAME SIZE: D1H
Documentation:
Qty.1- Lot Operations & Maintenance documentation as provided by the equipment manufacturer
Pricing: Total Net Price…………………………………………………………………………… $14,998.50
Taxes:
Sales or Use Taxes are not included
Warranty:
All proposed equipment is warranted against system failure due to defects in workmanship and/or materials for a period of twelve (12) months from equipment start-up, not to exceed eighteen (18) months from date of shipment from our factory. This warranty does not cover failures due to human negligence and/or acts of nature.
2
Not Included: Equipment installation/wiring Start-up/Commissioning
Freight:
Prepaid and Included to Ontario, NY Delivery:
4 weeks after receipt of order Terms:
Net 30 days. Thank you for the opportunity to provide you with our quotation, should you have any questions or desire additional information please don’t hesitate to contact our office. Best regards, AquaLogics Systems, Inc. Donald W. Ballway
QuotationPlease send all orders to [email protected]
Date Quote #
01/29/20 RITQ1974926 Saginaw Drive - Rochester - NY 14623Phone: 585-271-3170 - Fax: 585-271-5259 - Email: [email protected] Valid 30 Days
Prepared For: Sales Representative:
Phone:Chad PitreTown of Ontario1961 Lake RoadOntario, NY 14519
(315) 524-8520 Jason CadyFax: (315) 524-3840 [email protected]: Net 30 Days Regional Sales Engineer
FedEx GroundShip via: (585) 271-3170Delivery: Prepared By: Marguerite Archer
ID # Item Description Qty Unit Price Ext. Price
1 1 $14,418.13 $14,418.13134G6695 VLT® AQUA DRIVE FC 200160 KW / 250 HP, 380 - 480 VAC, Three phase,IP21 / Type 1 Mains Disconnect + Fuse, Graphical Loc. Cont. Panel,RFI Class A2 (C3),Coated PCB, No A Option,No B Option, No C1 option, No D option,Standard Cable Entries, No adaptation,No brake chopper, FRAME SIZE: D5H FC-202N160T4E21H2XGC3XXSXXXXAXBXCXXXXDX
Code No.: 134G6695
Sub Total $14,418.13Should this quotation become an order, please address your purchase orderas follows:
RITEC Enterprises26 Saginaw DriveRochester, NY 14623
Sales Tax $0.00
Shipping $0.00
Total $14,418.13
The above pricing does NOT include shipping, installation, piping, tubing, spool piece, fittings, valves, wiring nuts, bolts, State tax andfederal tax. The delivery above is an estimate.
Payment Terms + Details:New acounts require credit approval prior to order processing. Please submit credit references, tax exempt form, and W9 form.
MasterCard, Visa, and Amex Accepted. There will be a 3% Credit Card Processing Charge Applicable for all Credit Card Purchases.
If you should have any questions, please do not hesitate to contact our office.
04/08/20 www.RITEC.com Page 1 of 1
1 of 1
6412 Baird Avenue • Syracuse, NY 13206 • Phone (315) 471-0105
THANK YOU FOR YOUR BUSINESSTERMS: Net 30; Sales Tax is NOT included;
Unless otherwise indicated all quotations are freight allowed F.O.B. Factory.Product warranties are for parts ONLY unless noted otherwise. Standard ship
To: Village of Ontario WWTP Date: 4/6/2020Attn: Chad Pitre Quotation valid for 60 days
Salesperson: Michael Ferguson Estimator: Michael Ferguson
Job: 18-4976 - Village of Ontario Water High Lift Addendum: 0
ABB VARIABLE FREQUENCY HVAC DRIVE480V 3Ø, NEMA 1, 5% Line Impedance, EMI/RFI Filters, Circuit Breaker
Quantity of (1) 250 HP$18,765.00
Quotation does not include installation or wiring of the VFD.
Town of Ontario Adam Cummings, PE, BCEE
Water Utilities Department Superintendent/Town Engineer
2200 Lake Rd. (315) 524-2941
Ontario, NY 14519
To: Town Board/Board of Water Commissioners
From: Adam Cummings
Date: 5/7/2020
Subject: WTP Southside Furnace Purchase
I respectfully request approval for the purchase of two (2) new commercial furnaces for
the Southside Water Treatment Plant areas. These units are more than 12 years old and
both have cracked heat exchangers and were “red tagged” by our HVAC Preventative
Maintenance Professionals, but I chose not to replace them at the end of the winter due to
lack of time to manage this project.
I would like to obtain approval to rebid this project to see if we can receive more
economical quotations once contractors are able to return to normal work.
Vendor
Product
Quotation
Amount
LeClaire-
Fleming
Furnish and Install Commercial Furnaces (95%
Efficiency Units)
$9,173.00
P&J Furnish and Install Commercial Furnaces (95%
Efficiency Units)
$12,986.00
Attached are the quotations and the breakdown of the materials and associated prices. It
is my recommendation to rebid this work and select the lowest, responsible bidder. I am
asking for the Board’s authorization to proceed with permission to proceed with this
project if the rebids come in less than $9,173.00. Note: Purchase of units less than 95%
Energy Efficiency is not recommended.
This purchase of each of these items will be paid from budget code FFF8330.200.
1
615 South Ave. Rochester, NY 14620-1385 | 585.546.7450 | Fax 585.546.4316 | postlerandjaeckle.com
November 15, 2019
Town of Ontario Water Treatment Plant
1961 Lake Rd
Ontario, NY 14519
Re: Fall inspection
Hello Chad:
During our recent Fall inspection our service technician noted these repairs:
• Both York furnaces have failed heat exchangers we recommend replacing both furnaces and
single wall vent with a direct replacement furnace and B vent.
Your price to replace both Twined York forced air furnaces will be $12,986.00, plus any
applicable tax.
• Reznor unit heater has a cracked heat exchanger we recommend replacing the unit heater,
flue pipe and thermostat.
Your price to replace the Reznor unit heater will be $9,540.00, plus any applicable tax.
• Modine unit heater has a cracked heat exchanger we recommend replacing the unit heater,
flue pipe and thermostat.
Your price to replace the Modine unit heater will be $8,680.00, plus any applicable tax.
NOTE:
• Any electrical modifications will come at an extra charge from this quote
• If multiple repairs are done at the same time, we may be able to reduce overall labor costs.
• Any roof modifications are not included in this price and will be done by others at an
additional charge
• We will tie into existing gas lines and electric
If system isolation (valves, circuit breakers etc.) prevent us from doing the above-mentioned work
or upon restart of the system there are any other repairs necessary they will not be included in the
above quote. This will be done on a “time and material” basis with your approval.
All work is to be done during normal business hours on a Monday through Friday between the hours
of 7:00 AM and 4:30 PM.
If you have any questions you can contact me at (585) 370-4912. If you would like to proceed with
the work, please fill in the form and email it back to [email protected] or you may print this
out and fax it to (585) 423-6241. Due to the rising costs of materials, this quote is good for 15 days.
We appreciate your business and we look forward to hearing from you in the near future.
Sincerely:
Russ Militello
Service Manager
Approved:
Date:
Purchase Order:
Approved By:
2
615 South Ave. Rochester, NY 14620-1385 | 585.546.7450 | Fax 585.546.4316 | postlerandjaeckle.com
TERMS AND CONDITIONS 1. Customer Shall permit Contractor free and timely access to areas and equipment and allow Contractor to start and
stop the equipment as necessary to perform required services. All planned work under this Agreement will be performed during the Contractor's normal working hours.
2. Contractor warrants that the workmanship hereunder shall be free from defects for thirty (30) days from date of installation. If any replacement part or item of equipment proves defective, Contractor will extend to Customer the benefits of any warranty Contractor has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer's warranty will be at Customer's expense and at the rates in effect.
3. Customer will promptly pay invoices within ten (10) days of receipt. Should a payment become thirty (30) days or more delinquent, Contractor may stop work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately upon demand.
4. Customer shall be responsible for all taxes applicable to the services and/or materials hereunder. 5. Any alteration to, or deviation from, this Agreement involving extra work, cost of materials or labor will become an
extra charge (fixed price amount to be negotiated or on a time-and-material basis at Contractor's rates then in effect) over the sum stated in this Agreement.
6. In the event Contractor must commence legal action in order to recover any amount payable or owed to Contractor under this Agreement, Customer shall pay Contractor all court costs and attorneys' fees incurred by Contractor.
7. Any legal action against the Contractor relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date of work.
8. Contractor shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by Contractor's employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control.
9. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Contractor, its agent and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of work hereunder, provided that such claim, damage, loss or expense is caused in whole or in part by an active or passive act or omission of Customer, anyone directly or indirectly employed by Customer, or anyone for whose acts Customer may be liable, regardless of whether it is caused in part by the negligence of Contractor.
10. Customer shall make available to Contractor's personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA'S Hazard Communication Standard Regulations.
11. Contractor's obligation under this proposal and any subsequent contract does not include the indemnification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous material. In the event such substances, wastes and materials are encountered, Contractors sole obligation will be to notify the Owner of their existence. Contractor shall have the right thereafter to suspend its work until such substances, wastes, or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted.
12. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL CONTRACTOR BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER'S TENANTS OR CLIENTS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
