NIEZGODA AND MURRAY EXCAVATING

NIEZGODA AND MURRAY EXCAVATING

TERMS AND CONDITIONS

  1. Execution of the Work. N&M Excavating shall furnish labor, materials, services, tools, equipment and fixtures necessary to perform and complete in a good and workmanlike manner described in the Agreement. However N&M shall not perform: police details, excessive attention to groundwater, well points, frac tanks, dealing with hazardous or contaminated materials and horizontal or vertical controls.
  2. Schedule. Time is of essence. Work shall be commenced and completed within the time frames set forth in the Agreement.
  3. Credit Policy. The Owner will be required to pay within 30 days after the completion of the work. N&M may charge interest at the rate of 1.5% per month on all invoices outstanding 60 days past the invoice date. 
  4. Insurance. N&M shall pay for and maintain workers’ compensation, employer’s liability and comprehensive general liability insurance (CGL), including insurance coverage for premises operations, independent contractors, completed operations, contractual liability, personal injury liability, property damage (Broad form) XCU hazards liability, occurrence bodily injury and automobile liability for all owned, used and hired automobiles, in the amount set forth in the attached certificate of insurance. 
  5. Changes in the Work. The Agreement may only be modified by written change order signed by both Owner and Company, and Company shall have no claim for any extra or additional work unless such work is clearly authorized in writing by Owner before such extra or additional work is performed. Company acknowledges that it waives all claims for extra charges for extra or additional work Company performs without prior written authorization from Owner. 
  6. Warranties. Company 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 (unless otherwise required or permitted by the Agreement Documents) and installed in a good and workmanlike manner and otherwise in accordance with the Agreement Documents. Company further warrants that (i) it shall use sound construction principles and practices in the performance of the Work; (ii) it shall apply to the Work a high degree of skill, care, judgment and supervision to assure that the Work is performed properly and in accordance with the Agreement Documents; and (iii) the Work will be free from defects not inherent in the quality required or permitted.
  7. Safety. Company is entirely responsible for security and safety at the Site until it is turned over to Owner. Company shall comply with Owner’s Safety Guidelines for Contractors and all laws of any governmental authorities for the safety of persons or property.
  8. Late Payments. If the Owner does not pay N&M amounts when due, N&M shall have the right to stop the work until all payments are made, upon 30 day written notice to Owner, terminate this proposal. 
  9. Inspection. Owner and its agent(s) shall at all times, have access or Company shall provide facilities for access to the Work whenever and wherever it is in preparation or progress.
  10. Indemnification. To the fullest extent permitted by law, Owner agrees to indemnify and hold Company harmless from and against any claims, damages, losses and expense, including but not limited to attorney’s fees, arising out of or resulting from Company’s performance of the work attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property. 
  11. Assignment. The Agreement shall be binding upon Owner and Company, and their respective heirs, successors, executors and administrators. Company shall not have the power to assign the Agreement without the prior written consent of Owner. Any assignment without the prior written consent of Owner shall be void. No assignment shall relieve Company from any obligations herein unless expressly stated in the assignment and approved in writing by Owner.
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