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EARTH HANDLING AND DRAINAGE All excess exc!lvated material shall be removed from the job site by the Contractor unless specified in the contract documents before start of excavation, The Purchaser agrees to ""ssume all responsibility for excess excavaled maferialleft on the site at his request. No grading except in the immediate pool and deck area in included unless spelled out specifically in the contract. documents, When drainage of the Purchaser's property requires filling, cutting or establishment of new grades beyond the construction work built by the Contractor, this shall be considered the Purchase~s responsibility and the Contractor held harmless by him or claims of direct or consequential damages from run.off, standing water or flooding of the Purchaser's or contiguous properties, CONTRACT DOCUMENTS Plans, drawings, specifications, warranty and proposal, when submitted by Contractor together with this contract, shall form a part of this contract along with any change orders executed as described on Page 2, In case of conflict between the terms and provisions of other contract documents and this contract, the terms of this contract will prevail. ORAL AGREEMENTS All agreements between the Purchaser and the Contractor must be in writing and signed by both parties, This contract along with additional documents described above constitutes the entire agreement between the parties, and neither party shall be bound by any statements, representations, or oral expressions by any agent or person purporting to represent or act 011 behalf or either party, GENERAL TERMS This contract shall be binding upon and inure to the benefit of the executors, administrators, assigns and legal successors 01 the parties hereto Should any parl of this contract be declared invalid for any reason, such decision shall not effect the validity ot any remaIning portions and shall remain in full force and eHect. alfhough the invalid portion has been eliminated, In the event that any of the Purchaser's representations herein as to real property prove to be untrue, and as a resuit of lelYlng thereon, the Contractor ,s put to unusual expense, the Purcl,aser agrees to pay the Contractor the full amount of any additional expense, in addition to all other payments called for, at the time of final payment. The Contractor expressly denies any responsibility or liability for incidental or consequential damages arising out of or as a result of the use or ownership of this swimming pool. CONTRACTOR'S RESPONSIBILITIES The Contractor agrees to supply the materials and labor necessary to perform the work described in the contracl documents in a workmanlike manner The Contractor agrees to work with all other trades on this job regardless of their union or non-union affiliation, The Contractor assumes no respons,billty for the refusal of on,er trades to work with his mechanics and employees, Contractor shall have in force during the entire period of construction liability insurance to the limits of at least $100,00 per person and $300,000 per occurrence, Contractor will carry workmen's compensation insurance for the protection of Contractor's employees during the progress of work, Contractor shall not be responsible for illlurf to Purchaser his employees or for persons under the Purchaser's direction or other persons at the job site at the Purchaser's express or implied invitation The Contractor shall regularly remove trash and construction debris from the Purchaser's premises, Upon completion, ltle site shall be free from constructIon material, decks and pat' os 51',ali be broom clean, the pool shall be vacuumed, tile and equipment wiped clean and all equipment placed in operation Ruts left by equipment will be filled and raked level. No sod replacement, reseeding or replacement of shrubs and landscaping material shall be provided by the Contractor unless specif,cally spelled out in this contract. The Contractor will not substitute any accessories or equipment specified in the contract documents unless that equipment or accessorf is of equal quality or better, and has the same functional ability, usability and utility, The Contractor warrants that his work will meet or exceed applicable building Codes, The Contractor agrees to pay the cost of all labor, materials, supplies and any subcontract work used to construct the work descnbed in the contract documents and shall hold the Purchaser harmless against liens or other claims from workers and suppliers, unless Purchaser fails to make full payment of conlract and change orde, amounts, ELECTRICAL When electrical wiring of pool equipment is included in the contract, the Contractor shall install such work according to local electriC codes and Chapter 680 01 the current Nat,onal Electnc Code, Items such as remote switching, area lighting, convenience outlets, relocation of overhead or underground wires and conduit or increasing the size of the Purchaser's electric service or main panel will be considered as extra work and shall be at the Purchaser's expense, HEATER INSTALLATION Heater(s) supplied by the Contractor shall be installed and plumbed in place by him, When included in the contract electric heaters shall be wired to power supply, except that upsizing of existing service or panels (when required) shall be at the Purchase~s expense, Fuel supply and hook.up of tanks, as well as stacking and venting of gas or oil fired heaters according to applicable codes and laws shall be the responsibility of the Purchaser THEFT, VANDALISM AND DAMAGE TO WORK The Contractor shall not be liable for repairs or damages to any part of the pool work or equipment resulting from natural causes of an act of God such as earthquakes, hurricanes, inundation, ground motion or natural settlement. The Contractor shall not be liable for repairs to work nor replacement of equipment from damages caused by neglect, negligence, ,';:Iiful acts, third parties or damage resulting frem ctlle' construction in the pool area or theft or equipment, components or materials installed or stored on the job site by him ATTORNEY FEES AND COLLECTING COSTS Should services of any attorney be required by the Contractor to collect sums due by virtue of this contract or tor the enforcement of any provision of this contract, including but not limited tc anticipatory breach of this contract or a~ernatively arising out of any claim made against the Contractor by the Purchaser, then, in such event, if the Contractor is successful In the recovery of any such sums or does successfUlly avoid any of the relief sought by the Purchaser against the Contractor, the Purchaser agrees to pay reasonable attorney's fees and other costs 01 defense thereof incurred by Contractor, ARBITRATION The parties hereby elect binding arbitration as their exclusive method of settling all claims, disputes, actions, and controversies arising between them relating to this contract or the failure or refusal of either of them to perform this contract in whole or in part, Arbitration proceedings shall be in accordance with the Rules For Swimming Pools Arbitration adopted by the Tampa Bay Chapter of the NSPI, Arbitration Committee, and said rules are hereby incorporated by reference into the terms of the contract. Further, said arbitration shall be in accord with chapler 682, Florida Statutes, as same may be amended form time to time, including but not limited to those statutory provisions therein relating te judicial review of the decision of the arbitrators, A copy of the Swimming Pool Arbitration Rules of the NSPI may be obtained from the Contractor or any other member of the Tampa Bay Chapter of the NSPI or by writing tile Chairperson of said Chapte~s Arbitration Committee at the address set forth hereinafter, Arbitration proceedings under this agreement shall be commenced by either party sending a written request for arbitration to the Chairperson of the Tampa Bay Chapter of NSPI, A,bitratlcH' Committee, at P,O, Box 15062, Tampa, Florida 33664.5062, together with the appropriate filing fee req~;red by said Arbitration Committee, Request for Arbitration shall be on a Request', for Arbitration Form that can be obtained from NSPI at said addresses, which set forth the issues in dispute, an amount claimed as damages and the relief sought TAMPA BAY CHAPTER, NSPI, P,O, BOX 15062, TAMPA, FLORIDA 33584.5062