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<br />. STANDARD TERMS AND CONDITIONS TO CONTRACT
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<br />The tern1S and conditions outlined below are incoIporated
<br />into the Proposal aDd Contract to which they ll!e attached.
<br />
<br />Bs.is of Psvment: Billings for eompl~ted work to be
<br />prOSl!1lted every week, due and payable upon presentation.
<br />Interest at the maximum legal rate, will bcgin accruing after
<br />30 days. Ifpayment is not received contractor has the right
<br />to SlOp Work:
<br />
<br />Licensure and Insurance: Contractor holds California
<br />State License #706656 with General Building (B),
<br />Plw:nbing (C-36), Painting (C-33) and Hazardous Wasre
<br />cl<r.ssiiications. Contractor will provide and maintain during
<br />the dunltion of the projeer liability insurance with a .
<br />$2,000,000 limit, worker's compensation insurance' with a
<br />limit ofSl,OOD,ODO, and automobile liability insurance with
<br />a limit of $1,000,000.
<br />
<br />Mediation snd Arbitration: The parties agree to submit
<br />any dispute arising out of or relating to .this agreement to
<br />medlation uncler the Commercial Mediation Rules of the
<br />An:.e:rican Arbitration Association, before resorrmg to
<br />atbitration, litigation, or any other proeeeding.lfpartics.
<br />cannot resolve their dispute. by mediation, the dispute shall
<br />be ICsolved by binding o.rbittation in the county of
<br />jurisdiction, Stale of California according to the rules and
<br />reg'J1ations of the American Arbitration Association.
<br />
<br />Attornev. Fog and Costs: lfany action or proceeding is
<br />iDstilllied by any person to .moroe or interpret the
<br />provisions of this agreement, the prevailing party.shall be
<br />entitled to recover from the other party reasonable
<br />a!tomeys' fees, costs, and expenses oflingation or
<br />atbitration.
<br />
<br />Extra Worl< snd Chan..es: Any additions or changes to the
<br />scope of work shall he completcd on a time and materials
<br />has'.s ofS45.00 per man hour and a 20% mark-up on .
<br />materl31s or a negotiared lump sum. All extra work shall
<br />confonn to the terms and conditions found within this
<br />agreement
<br />
<br />Termite Work: Contractor is not obligated to identify
<br />termite damage or perform any work to correct damage
<br />: caused by tennites or dry rot, excepr as extra work.
<br />
<br />Su~contraClorS: Contractor. has the oghlto sub-contraet
<br />any part, or all of the work herein agreed to bc performed.
<br />AJri such sub-contr.>Cl' does not affect or lessen Contractor's
<br />obligation under this Agreement
<br />
<br />MatehiD9 nfMalerisls: Coulraolor calls alletlnon to the
<br />Client to the limitations of matching plaster, stucco,
<br />concrete, roofing, paint and other materials, and while
<br />Contractor shall make reasonable efforts to match existing
<br />materials, texture, colors and planes, exact duplication is nol
<br />pror:lised.
<br />
<br />A~bestoslLead: Conrractor's scope of work shall not
<br />include the identification, detection, abatement,
<br />encapsulation or removal of asbestos, lead OI other
<br />hazardous substances. If a hazardous substance is
<br />discovered Contractor sball hl!ve the righl to discontinue its
<br />wo.rk and remove its employees from the project until thc
<br />hazard is removed. Clients should notc structures built
<br />befo.re 1978 may contain such substances.
<br />
<br />Guarantee: Work covered by this contract, including
<br />change orders issued under this agreement, is guaranteed for
<br />one (I) year following suhstantial completion.
<br />
<br />Noliee To Owner
<br />
<br />1. The OVlller has the right to require the contractor to have
<br />a performance and payment bond. However, the cost to
<br />provide such bonding shall be the burden of the owner.
<br />
<br />2. The owner may cancel this transaction at any lime prior
<br />to midnight of the third business day after the date of this
<br />=action
<br />
<br />3. Contractors are required by the law to be licensed and
<br />regulated by the conlracrors' slate license board.. Any
<br />questions concerning a contractor may be referred to
<br />the registrar, contractors' state license board, 3123
<br />. Bradshaw Road, Sacramento, CaliIoroia.
<br />4. Contractor bas the right 10 cancel this agreement wi1h
<br />or without cause with Olle week's wrllletl notice, at any
<br />time during the course of construction, provided that all
<br />services which bave been paid for are compleled.
<br />
<br />5. Any contractor, subcontractor, or supplier who h4s
<br />helped to improve your property has the right to place a
<br />lien upon the property if not compensatcd for their
<br />services. Be certain 10 receive lien releases from all
<br />panies involved in improving your pmperty.
<br />
<br />Schedule Chinn.: Contractor is to receive a schedule
<br />extension equal ro the amounl o{delay for the cl>ll"lpktion
<br />of work iiweather conditions or ~ or nature impede work,
<br />materials or work site do not dry, or a malerial shortage or
<br />delivery jrroblem exists.
<br />
<br />Limit orLiabilitvlIndemnitv: Client aclc>owledges and'
<br />agrees. to limit the liability of Friess Company Builders, Inc.
<br />for any claim, action, suit, OI other loss or liability,
<br />including attorneys' fees and any defense cost arising from
<br />or in connection with the Project to the :linount of the total
<br />contract value or SIO,OOO.OO, whichever is more.
<br />Client agrees to indemnify, hold harmless and defend at its
<br />own cosls and expe.nse any and all claims or liabilities
<br />arising out oftbe perform;mce by Friess Company Buildea,
<br />Inc.; its et1lPloyees, agents or representatives under this
<br />agreement, except any action caused hy their active, direot,
<br />and sole negligence.
<br />
<br />lnterration Clause: This document and all docwnents
<br />incOIporaterl by reference constitute the parties' entire
<br />agreement. No other agreements, oral or written, regarding
<br />the work to be performed under 1his Agreement exist
<br />between the parties.
<br />
<br />Authoritv To Enter A2reement: The individualll
<br />cxecutiog this agreement represent and wamult th.t they
<br />Mve the authority to enter into this agreement on heW'of
<br />.the party they purport to represent.
<br />
<br />Counter1>artslDellverv or !;imature Bv Facsimile: This
<br />agreernent may be executed in multiple connteIpartS. Each
<br />of which shall be considered an original, but al1 of which
<br />shall constitute On agreement, This agreement may be
<br />signed and delivered by facsimile lrans)nissiOll, and such
<br />facsimile documents shall be deemed originalmd binding
<br />upon the signatories.
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