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TERMS AND CONDITIONS COMPLETION CompletiDn date shall be designated as the date that wDrk set out in this contract has been dDne and the interiDr finish has been applied, and the poDI is ready tD fill with water Dr use Df the pool which shall serve as final completiDn and acceptance by the Purchaser. -? . LJ Z e. The CDntractor shall substantially cDmplete the pool (ready for interiDr finish) within c;....;r. wDrking days frDm cDmpleted excavatiDn date. Days IDst due tD fire, rain, windstDrm, flDod, inspectiDns, material shDrtages, acts Df GDd, holidays, work changes, Purchaser's agent. third party wDrk on the jDb Dr failure Df Purchaser tD make progress payments as agreed shall be added tD the constructiDn time. Unless specifically stated elsewhere in this agreement, there shall be nD pena~y or award clauses in the contract PAYMENTS Progress payments are due 5 days after billing date. Late charges of 1 1/2% per month on the unpaid balance will be added Dn all accounts not paid in accordance with terms This charge amDunts tD 1 B% per annum. CHANGE ORDERS A surcharge of $50.00 will be made for each change, deletion or addition to/from this contract or the drawings after acceptance by the CDntractor, at a mutually agreed price. Charges for such items shall be due and payable before application of interior finish. DELAYS The Contractor agrees to begin construction in a reasonable time after acceptance of this contract and after obtaining all necessary permits from govemment authorities. (Fees charged for plan submission to zoning or variance bDards. architectural committees. homeowners associatiDns and such will be borne by the Purchaser.) The Purchaser and ContractDr bDth agree tD exercise diligence in obtaining all such permits and approvals. SITE WORK Unless stipulated elsewhere in the contract documents, the Purchaser shall be respDnsible fDr the removal Dr prDtectiDn Df trees, landscaping, vegetatiDn, undergrDund utilities, irrigatiDn pipes, or existing improvements which might be in the space tD be used fDr the constructiDn wDrk Dr access. and agrees tD pay the CDntractDr all additiDnal costs incurred as a result Df the Purchas. ers failure tD so prDvide. ACCESS Purchaser will prDvide adequate access thrDugh his own property or thrDugh adjacent property fDr all men, materials and equipment as required tD perfDrm this contract including but nDtlimited tD excavatiDn, hauling, concrete mixing and pumping and delivery vehicles Dr equipment. Purchasers shall obtain written permissiDn Df adjacent property Dwner for ingress and egress Df Contractor, materials and equipment during the constructiDn, if necessary: and agrees tD be respDnsible and hDld the CDntractDr harmless and imdemnify him for any IDss, injury Dr damage resulting tD adjacent property Dwner fDr any reaSDn. The Purchaser shall be responsible fDr damages tD lawns, shrubs, flowers, trees. sprinkler systems Dr landscaping materials resulting in the constructiDn work under this cDntract, unless otherwise agreed tD by CDntractDr elsewhere in this contract FENCES Unless Dtherwise stipulated in the cDntract, the Purchaser shall be responsible fDr the CDSt Df remDval and re-erectiDn Df fences, gates, Drnamental walks and such as necessary fDr access Df equipment tD the poDI site. Compliance with IDcal fence laws shall be the responsibility of the Purchaser. DRIVEWAYS AND WALKWAYS When the agreed access for any construction equipment such as excavators, dump trucks, concrete trucks, pumpers, delivery vehicles, Dr others crDsses curbs, driveways Dr walkways serving the Purchasers' property, repair Dr replacement of such improvements must be agreed upDn priDr tD constructiDn, and the CDSt Df such wDrk included in the contract if the CDntractDr is tD repair such improvements. If the CDstS of such repair work is not included and SD stipulated, the Purchaser shall be respDnsible fDr damage which might OCCUr during constructiDn and hDld the CDn- tractor harmless for any claims fDr such repairs. LAYOUT AND EXCAVATION The swimming pool and related improvements and equipment shall be constructed upDn the land and in a locatiDn upon such land as shown on the contract documents and agreed tD by the Purchaser. Even thDugh the CDntractDr may assist in locating the pool and related wDrk, the Purchaser warrants that he is familiar with the IDcatiDn of his prDperty line, easements, setbacks and deed restrictions, and that the pool work agreed upon is within such bDundaries and does not viDlate setbacks or clearances frDm public utilities required by local, State Dr NatiDnal Codes. The Purchaser agrees tD indemnify and save harmless the contractor from any suits. actiDns or claims of Purchaser Dr third party for the locatiDn of said pool work by the CDntractDr in the place apprDved by the Purchaser. Due tD inability of either Purchaser or CDntractor tD anticipate unusual subsurface cDnditiDns, it is mutually agreed that in the event the CDntractDr in excavating the pool shall enCDunter sprin- kler systems, pipes, conduits, sewers, grease traps, cisterns, tanks, mass concrete, tree stumps, hard pan, or Dther obstructiDns not apparent from the surface which might require blasting, jackhammering or rippertooth type equipment Dr Dther than normal excavating equipment for removal, the Purchaser shall indemnify the CDntractDr for increased cost incurred by him plus 15% overhead and 15% profit. The Contractor agrees tD prDvide dewatering devices as required tD keep the pool excavatiDn dry during constructiDn; hDwever, when extreme ground water conditiDns are encountered which require dewatering in excess of 3,000 gallDns per hDur, cost for additiDnal work and dewatering equipment. alDng with 15% for Dverhead and 15% profit, shall be paid tD the CDntractDr by the Purchaser. When unusual underground conditiDns are encountered, the Contractor shall notify the purchaser and provide him with approximate cost estimates for extra work. Wrthin 5 days of this notifica- tion, the Purchaser shall authorize the extra work Dr instruct the Contractor not to proceed with construction. If the Purchaser stops constructiDn, the CDntractDr shall receive frDm the Pur- chaser 15% of the contract price stated herein or the Contractors cost to date plus 30%, whichever is greater Unless otherwise stipulated in the cDntract, the Contractor assumes nD responsibility for repair or replacement of seawalls or dead men and the Purchaser agrees to save the Contractor harm- less from claims against him fDr subsequent failure of seawalls or other existing retaining walls or structures. DIMENSION TOLERANCES All dimensions provided in the plans and specifications are approximate and may vary tD a tolerance of 5%. When measured surface area Df the pool is less than stated in the contract. the Purchaser shall be entitled tD a credit in the amount of $10.00 per square foot from the Contractor as compensation fDr damages. The pool and deck shall be constructed to a tolerance of 5% of the elevation shown on the drawings. Variations in elevatiDns of greater than 5% shall be submitted jDintly by the Purchaser and the Contractor for Binding Arbitration as prescribed elsewhere in this contract. ND damages shall accrue tD the Purchaser if the pool is larger or deeper than shown in the drawings. UTILITIES The Purchaser agrees tD supply the Contractor with suitable non-staining water for original constructiDn, warranty work, clean up and for filling as required; and will further supply 110 vDlt electrical outlet for the Contractor's use adequate tD operate electrical equipment utilized in construction (20 amps), and make such Dutlet available to the ContractDr fDr his use when on the jDb