Concrete Paving Contract

CONCRETE PAVING CONTRACT

Parties

Recitals

WHEREAS, Contractor is engaged in the business of concrete paving, repair and related sitework and represents that Contractor has the skill, personnel, equipment and licensing required to perform the work contemplated by this Contract; and

WHEREAS, Owner requires concrete paving services at the project location described below and desires to engage Contractor to furnish labor, materials and equipment to complete the Project in accordance with the terms and conditions contained herein; and

WHEREAS, the parties agree that the scope, price, schedule and other terms of performance shall be as set forth in this Contract and any duly executed change orders.

Project Identification

Project Address:

Contractor License / Registration No.:

Scope of Work

Contractor shall perform the labor, furnish all materials, equipment, tools, supervision and services necessary to complete the concrete paving work described below. Work shall conform to industry standards and applicable building codes.

Payment Terms

Contract Price (Total):

Late Payment Fee: Overdue amounts shall accrue interest at from the date due until paid. Owner shall also reimburse Contractor for collection costs, including reasonable attorneys' fees.

Permits and Site Conditions

Responsibility for permits and approvals: Contractor obtains permits    Owner obtains permits

Site conditions: Contractor's price assumes the site is accessible and the subgrade is within normal tolerances. Unforeseen conditions, including unsuitable soils, utilities, or contamination, constitute changed conditions and shall be handled by written change order.

Change Orders

All changes to the Scope of Work, materials or price must be authorized in writing by Owner as a Change Order. Contractor will provide a written price and schedule impact for acceptance prior to commencing changed work.

Schedule; Term and Termination

Work Commencement Date:    Estimated Completion Date:

Termination for Cause: Either party may terminate this Contract for material breach if the breaching party fails to cure such breach within days after written notice. Termination for convenience by Owner requires days' written notice and payment for work performed plus reasonable demobilization costs.

Warranties and Insurance

Contractor warrants that materials will be new (unless otherwise specified) and that workmanship shall be free from defects for a period of from completion. This warranty excludes damage caused by freezing, settlement, misuse, vehicle overloading or lack of maintenance.

Insurance: Contractor shall maintain worker's compensation, commercial general liability and automobile liability insurance in commercially reasonable limits and shall provide certificates upon request.

Confidentiality

Each party shall maintain in confidence any proprietary or nonpublic information received from the other party in connection with this Contract and shall not disclose such information to third parties except as required by law or as necessary to perform this Contract. Confidentiality obligations shall survive termination for a period of three (3) years.

Indemnification

Contractor shall indemnify, defend and hold Owner harmless from claims, liabilities, losses and expenses arising out of Contractor's performance, to the extent caused by Contractor's negligence, willful misconduct, or breach of this Contract. Owner shall indemnify Contractor for liabilities arising from Owner's acts or omissions.

Governing Law; Dispute Resolution

This Contract shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. The parties will attempt in good faith to resolve disputes by negotiation prior to initiating litigation. Nothing herein precludes either party from seeking injunctive relief.

Entire Agreement

This instrument, together with any written change orders executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, whether written or oral. Any modification must be in writing and signed by both parties.

Notices

Notices shall be delivered to the addresses set forth above or to such other address as either party may designate by written notice. Notices shall be effective upon personal delivery, overnight courier receipt, or three (3) business days after deposit in the United States mail, certified, return receipt requested.

Acceptance

Owner's payment of the final invoice constitutes acceptance of the work subject to latent defects and standard warranty obligations. Any punchlist items shall be documented in writing and scheduled for correction by Contractor within a reasonable time.

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