TERMS AND CONDITIONS:
EXECUTION OF THE WORK:
Contractor shall furnish all labor, material, services, tools, equipment, and fixtures necessary to perform and complete in a good and workmanlike manner the Work described in the Agreement.
SCHEDULE:
Work shall be commenced and completed as is reasonably is to be expected or as what is communicated to the Owner by the Contractor.
WARRANTIES:
Contractor warrants to Owner that all labor, materials and equipment furnished under the Agreement are of the type and quality required by the Agreement Documents, new or like new or are in good condition (unless otherwise requested) and installed in a good and workmanlike manner. Contractor does not provide any warranty or extended warranty. Work will be completed, and once project is completed there is no extended or additional warranty on any of the project.
SUPERVISION:
Contractor shall provide a competent manager for the project, as he might be needed from time to time, who shall be at the site and working on the project for layout, direction, coordination, sequencing and all other required activities.
SAFETY:
Contractor is focused on security and safety at the site. Contractor shall comply with Owner’s Safety Guidelines for Contractors and all laws of any governmental authorities for the safety of persons or property.
MEETINGS:
If requested by Owner, prior to commencing construction, Contractor shall participate in a kick-off meeting with the Owner’s project manager or other representative. Additionally, Contractor shall, if required by Owner, hold progress and/or administrative meetings with Owner and all persons or entities then performing the Work on the Project. These meetings are not to exceed one (1) per meeting and no more then one (1) meeting per month. Additional meetings that are requested will be billed at $350.00 per hour per person in attendance from Contractor.
INSPECTION:
Owner and its agent(s) shall only have permission to visit the facility one (1) time per month with written permission from Contractor.
COORDINATION AND ACCESS:
In some events Contractor may hamper Owner’s use of any existing facility or interrupt the operation of existing utility systems. All Work shall be carried out in such a manner as to cause the least interference with Owner’s continuous operation and/or the work of other contractors.
CHANGES IN THE WORK:
The Agreement may only be modified by written change order signed by both Owner and Contractor.
COMPLETION:
The Work shall be deemed complete after it complies in all respects with the Agreement Documents, Contractor has completed first (1st) punch list items, properly cleaned up its worksite.
INSURANCE:
Contractor shall comply with state insurance requirements as set forth.
NOTICES:
All notices shall be made to the parties at their respective addresses as set forth in the Agreement.
ATTORNEYS’ FEES:
If either party asserts a claim, or commences legal action, under or in connection with the Agreement Documents, the prevailing party in such dispute shall be entitled to recover its reasonable attorneys’ fees and costs, including, without limitation, attorneys’ fees and court costs incurred at the trial and appellate levels, and in any bankruptcy, reorganization, insolvency, or other similar proceedings.
JURISDICTION:
The Agreement shall be governed by, and construed in accordance with, the laws of Utah. Owner and Contractor agree that any dispute between Owner and Contractor shall be resolved in the Utah.
