Abatement Fence Agreement

Abatement Fence Agreement

This Abatement Fence Agreement (the Agreement) is entered into by and between Client Name: and Contractor Name: . Effective Date: .

WHEREAS

WHEREAS, Client requires installation, maintenance, removal and lawful disposal of fencing and related barriers (collectively, the Work) to secure an abatement area and to protect persons, property and the public during abatement activities at the Site described below; and

WHEREAS, Contractor represents that it has the skill, experience, personnel, equipment and licenses required to furnish and install the Work in accordance with applicable environmental, health and safety laws, regulations and industry standards; and

WHEREAS, the parties desire to set forth their respective rights, duties and obligations with respect to the furnishing of the Work under the terms and conditions of this Agreement.

SITE

SCOPE OF WORK

Contractor shall supply, install, maintain, relocate as necessary, and remove fencing, gates, signage and any anchoring systems required to secure the abatement perimeter described herein. Work shall include any necessary temporary bracing, access control, and repairs to fencing damaged during the term of this Agreement as set forth below. Contractor shall perform the Work in accordance with the Scope of Work described by the parties and any approved written change orders.

PAYMENT TERMS

Contract Amount: $

Payment Schedule: Initial Deposit: $ payable upon execution; Progress Payment(s): $ due upon milestone completion as described in the Scope of Work; Balance due upon Completion and Acceptance.

Invoices are due and payable within days of invoice date. Late payments shall accrue interest at on the unpaid balance, plus reasonable collection costs, including attorneys' fees.

TERM AND TERMINATION

Term Commencement Date: . Estimated Completion Date: .

Either party may terminate this Agreement for convenience upon days' prior written notice. Either party may terminate immediately for material breach if the breaching party fails to cure such breach within days after receipt of written notice describing the breach. Upon termination, Contractor shall invoice Client for Work performed through the termination date and shall promptly return Client property.

PERMITS, COMPLIANCE AND INSURANCE

Contractor shall obtain and maintain all permits, licenses and approvals required to perform the Work and shall perform the Work in compliance with all applicable federal, state and local laws, including environmental and occupational safety requirements. Contractor shall maintain commercial general liability insurance, workers' compensation insurance, and automobile liability insurance in amounts customary for the industry and shall provide certificates of insurance upon Client request.

Yes No

CONFIDENTIALITY

Each party shall treat as Confidential Information any non-public business, technical or financial information disclosed by the other party in connection with this Agreement. Confidential Information shall not include information that is or becomes publicly available through no fault of the receiving party or that the receiving party lawfully obtains from a third party. The receiving party shall not disclose Confidential Information to third parties except to its employees, contractors or agents who need to know and who are bound by confidentiality obligations no less protective than those contained herein.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Contractor shall indemnify, defend and hold Client and its officers, directors and agents harmless from and against any claims, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of Contractor's negligence, willful misconduct or breach of this Agreement in performing the Work. Client shall indemnify Contractor for claims arising from Client's negligence or failure to provide accurate information or access. Except for indemnification obligations and willful misconduct, neither party's liability shall exceed the total amount paid or payable under this Agreement.

CHANGE ORDERS

Any material change to the Scope of Work, price or schedule shall be documented in a written change order signed by authorized representatives of both parties prior to commencement of the changed work. Change order rates or unit prices, if applicable, shall be agreed in writing. Emergency work required for safety or compliance may be performed immediately, provided Contractor documents the need and cost and Client approves payment in writing promptly thereafter.

COMPLETION, ACCEPTANCE AND REMOVAL

Contractor shall notify Client in writing upon substantial completion of the Work. Client shall inspect the Work within days of notice and shall either accept the Work or provide a written punch list of items to be corrected. Contractor shall correct punch list items in a timely manner. Upon final acceptance, Contractor shall remove temporary fencing, debris and related materials and restore the Site to the condition required by the Scope of Work.

WARRANTIES

Contractor warrants that materials furnished shall be of good quality and suitable for their intended purpose and that the Work will be performed in a competent and workmanlike manner for a warranty period of , unless otherwise agreed in writing. This warranty does not extend to damage caused by misuse, improper maintenance, acts of third parties or acts of God.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles.

ENTIRE AGREEMENT

This Agreement, together with any written change orders duly executed by the parties, constitutes the entire agreement between Client and Contractor with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written understandings and agreements. No amendment or modification of this Agreement shall be binding unless in writing and signed by authorized representatives of both parties.

NOTICES

MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect. The parties are independent contractors and nothing in this Agreement shall create an employment, agency or partnership relationship. Any waiver of a remedy or breach must be in writing to be effective.

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