Solar Solution AZ LLC ROC#282700
4731 N Via Madre
Tucson, AZ 85749
(520) 471-1236
Owner:
Project Name:
Project Address:
Contractor: Solar Solution AZ, LLC
Article 1 – Contract Terms and Price
1.1.
Contractor agrees to perform the work set forth in the Purchase Order dated _____________, which is attached hereto as Exhibit A.
1.2
Contract Price (includes applicable state and local taxes):$
Article 2 – Time of Completion
2.1
The approximate commencement date of the Project shall be within seven (7) days of the signing of this
Contract, or sooner if agreed to by the Parties.
2.2 Approximate Schedule of Installation. Within the first week, a thorough site assessment (a review of site characteristics, with a complete construction plan in place) shall be completed by Contractor. Upon successful site assessment, Contractor will design the Project through their design and engineering team for construction drawings. After drawings are complete, the drawings will be submitted to Owner and to Homeowner
Associations (as applies). After Owner receives drawings, the Owner will be required to sign off and approve the construction plan. After the Owner signs the construction plan, Contractor will submit the drawings to local jurisdiction for approval of construction. Contractor will obtain a permit for all work to be performed. After permits are received, Contractor will install the solar system as per the plans. The solar system will be installed within approximately ninety (90) days of the executed Contract (provided payment has been made in accordance with this Contract).
If conditions or delays occur, and Contractor cannot install the system within ninety (90) days,
Contractor will have the system installed within no more than one hundred eighty (180) days of the executed
Contract with payment. Note: Contractor’s intention is to install all solar systems within ninety (90) days of the executed Contract. Contractor will communicate with Owner every week to provide them with all information regarding their Project. If delays are encountered, Contractor will inform the Owner so they are completely aware of all conditions.
2.3
Any change orders and/or unusual weather might delay, or otherwise affect the completion date. Owner is aware the Project is subject to design, jurisdictional permitting, and manufacturer delivery of equipment.
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Article 3 – Payment
3.1
Progress Payments by Owner will be made based on monthly Applications for Payment submitted by
Contractor. Within fourteen (14) days of receipt of the Application for Payment, Owner shall either approve the
Application for Payment, or provide written notice of those items for payment which have been disapproved.
Owner shall make payment to Contractor on all approved billings within twenty-one (21) days of receipt of the
Application for Payment.
If payment is not made in accordance with this Contract, Contractor, pursuant to Arizona Revised
Statutes 32-1129 et seq., may cease work until Contractor is paid, or may terminate the Contract. All unpaid amounts shall bear interest at eighteen percent (18%) per annum. In the event of termination due to nonpayment, Owner shall be responsible for the payment of all work completed to date of termination, including lost profit on work not performed at an additional ten percent (10%) of the total Contract amount.
3.2
Final payment shall be due prior to final inspection and activation of the system.
Article 4 – Duties of Contractor
4.1
Contractor’s work shall be in accordance with the provisions of the plans and specifications. Contractor will prepare, submit and complete drawings, necessary documents, and inspections for the city or county having jurisdiction for the Property, and will pay for permit fees necessary for the Project.
4.2
The work shall be completed in a workman-like manner, by individuals licensed to perform their work as required by law, and shall comply with all applicable national, state and local building codes and laws.
4.3
Contractor shall have control over the time frame of construction, as well as construction means, methods, techniques, sequences, procedures and safety precautions in connection with the Project.
4.4
Contractor shall remove construction debris and leave the Project in clean construction-standard condition.
4.5
Upon satisfactory payment made for any portion of the work performed, Contractor shall furnish a full and unconditional release of any claim, mechanics' or materialmans lien for that portion of the work, if requested by Owner.
Article 5 – Duties of the Owner
5.1
Owner shall communicate with construction crew members only through Contractor’s crew chief.
5.2
Owner shall pay all sums when due throughout the entirety of the Project.
Article 6 – Change Orders
6.1
Change orders are authorized only by a separate writing signed by the Parties. Change orders are required for any additional work to be performed, or equipment provided by Contractor, e.g. conduit painting, electrical service upgrades, additional trenching as required, and any other work to be performed by Contractor necessary to complete Contractor’s work which will incur additional expense, or the use of additional equipment or installation time. Contractor may agree to perform additional work as requested by Owner, and any additional work shall be documented by the mutual execution of a change order.
6.2 A change order is any change to the approved plans and/or specifications. All change orders need to be agreed upon in writing, and need to include cost, additional time considerations, approximate dates when the work will begin and be completed, a legal description of the location where the work will be done, and a
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Page 3 of 4 signature by both Parties prior to the commencement of any work.
Article 7 – Insurance
7.1
It is the Contractor’s responsibility to ensure the safety of the products.
7.2
The Contractor shall purchase and maintain Workman's Compensation and Liability Insurance coverage as required by law and deemed necessary for his own protection, as well as that of his staff.
Article 8 – General Provisions
8.1
Limitations/Delays. It is understood and agreed that Contractor shall not be held liable for any loss, damage, or delay occasioned by fire, strike, materials stolen after delivery to jobsite, lockout, act of God, accident, material shortage, disrupted labor conditions, delayed delivery of materials from suppliers, force majeure, inclement weather, flood, freight embargo, war, national emergency, or other cause beyond the reasonable control of Contractor.
8.2
Concealed Conditions. This Contract is based solely on observations Contractor was able to make on the jobsite in its current condition at the time the work was bid. If concealed conditions are discovered once work has commenced, or if changes are made between initial inspection, and when work commences, Contractor will stop work and point out these unforeseen concealed conditions to the Owner so that the Owner can execute a change order to Contractor for any additional work.
8.3 If changes are encountered while ordering products for the Project, Contractor guarantees that the wattage of the system installed will be equal to, or greater than the wattage of the system as agreed upon. If the wattage of the system is less than the wattage of the system as agreed upon, Contractor will refund the equivalent cost per watt for every watt of the system that was not installed. For example, in some cases the anticipated product is not the desired wattage amount (e.g. a 300 watt solar panel is ordered, but a 290 watt solar panel is delivered). In this case, Contractor will either refund money based on the loss of wattage, as described above, or provide a product with the desired wattage.
Article 9 – Hazardous Materials, Waste and Asbestos
9.1
Both Parties agree that dealing with hazardous materials, waste or asbestos requires specialized training, processes, precautions and licenses. Therefore, unless the scope of this Contract includes the specific handling, disturbance, removal or transportation of hazardous materials, waste or asbestos, upon discovery of such hazardous materials, the Contractor shall notify the Owner immediately and allow the Owner to contract with properly licensed and qualified hazardous material contractors. Any such work shall be treated as a change order resulting in additional costs and time considerations.
Article 10 – Warranty
10.1
Contractor warrants the entire project for a period of 4 years and that its work will be done in a workmanlike manner and according to applicable Arizona law. Materials furnished under this Contract will be new, and of good quality, unless otherwise noted. Contractor is not responsible for defects due to work performed by others that directly or indirectly affects or interferes with Contractor = s work.
Article11–Acceptance
11.1
Upon completion, the Project shall be inspected by Owner, Contractor, and any applicable local jurisdiction and local utility company. Any repairs necessary to comply with the Contract will be made by
Contractor.
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Article 12 – Mediation and Arbitration of Disputes
12.1
Mediation. The Parties agree to mediate any dispute or claim arising out of, or relating to this Contract or any alleged breach of this Contract, or for services or materials provided in relation to this Contract before resorting to arbitration or litigation. Prior to arbitration or litigation being filed, the Parties shall mutually agree on a mediator within five (5) days of the dispute arising. If they cannot agree on a mediator, the presiding superior court judge of the county in which the Project is located shall choose a mediator. All the mediator’s costs and charges will be paid equally by the Parties.
12.2
Arbitration. All claims, disputes, and matters arising out of or relating to this Contract, or breach thereof, not resolved by mediation shall be decided by arbitration in accordance with the Revised Uniform Arbitration
Act, Arizona Revised Statutes '' 12-3001, et seq. then in effect, unless the Parties mutually agree otherwise at the time. The location of the arbitration will be in the county where the Project is located and governed by the laws of the State of Arizona. Any decision of an arbitrator in such arbitration shall be final and binding. The prevailing Party shall be entitled to recover its reasonable attorney fees, costs and expenses incurred.
Article 13 – Right to File a Complaint
13.1
You have the right to file a written complaint with the Registrar of Contractors for an alleged violation of Section 32-1154, Subsection A. Arizona Registrar of Contractors, 602-542-1525, www.azroc.gov
. Complaints must be made within the applicable time period as set forth in Section 32-
1155, Subsection A. This Contract is a legally binding agreement to the Parties signed below. It is not assignable and can only be terminated according to the provisions herein. You are advised to seek legal counsel before signing this Contract.
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Owner Signature
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Name Printed
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Date
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Owner Signature
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Name Printed
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Date
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Contractor Signature
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Date
Contract Authorized By:
Dottie Watson
Solar Solution AZ, LLC
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