1. AGREEMENT. The Purchase Order, these Terms and Conditions, any special conditions, Owner’s Policies, Design Standards and Insurance Requirements (together, the “Agreement”) along with Drawings, Specifications, addenda issued before issuance of the Agreement and any subsequently executed Change Order (together with the Agreement, the “Agreement Documents”) shall govern the relationship between the parties for the groundworks project described in the Agreement
2. EXECUTION OF THE WORK. Contractor shall furnish all labour, material, services, tools, equipment, and fixtures necessary to perform and complete in a good and workmanlike manner the work described in the agreement. All work shall be done in accordance with, all laws, ordinances, building codes, rules and regulations applying to the Work. Contractor shall have control over, and be solely responsible for, all means, methods and sequences for performing the Work
3. SCHEDULE. Work shall be commenced and completed within the time frames set forth in the agreement. Time is of the essence
4. SUPERVISION. Contractor shall provide a competent manager for the Project. The approved manager shall not be discontinued (except upon Final Completion of the Project or in the event of his or her termination of employment or disability or if owner requests a replacement to resolve incompatible working relationships) and no new individual shall be designated without prior approval of Owner
5. SAFETY. Contractor is entirely responsible for security and safety at the site until it is turned over to owner.Contractor shall comply with owner’s safety guidelines for contractors (if requested) and all laws of any governmental authorities for the safety of persons or property. Hazardous materials may not be used without prior notice to and coordination with owner. Contractor shall be responsible for any hazardous materials brought to the site by contractor, subcontractors, suppliers or anyone else for whom contractor is responsible. Contractors shall dispose of all hazardous materials in accordance with all applicable laws and safety guidelines for contractors relating to disposal of hazardous materials.
6. MEETINGS. If requested by Owner, prior to commencing, contractor shall participate in a kick-off meeting with the owner’s project manager or other representative if requested by the owner. 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. Such meetings shall be held at times as agreed upon by contractor and owner.
7. INSPECTION. Owner and or representative(s) shall at all times, have access or contractor shall provide facilities for access to the work whenever and wherever it is in preparation or progress
8. COORDINATION AND ACCESS. At no time shall contractor hamper owner’s use of any existing facility or interrupt the operation of existing utility systems unless written or verbally agreed before hand. 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.
9. CHANGES IN THE WORK. The Agreement may only be modified by written change order signed by both owner and contractor, and contractor shall have no claim for any extra or additional work unless such work is clearly agreed in writing by contractor to the owner before such extra or additional work is performed.
10. COMPLETION. The Work shall be deemed complete after it complies in all respects with the agreement documents, contractor has completed all of the works agreed. Approval of contractor’s final application for payment shall be conditioned upon performance of all of the foregoing obligations and receipt of the works agreed.