Construction Curb Wall Plan

Construction Curb Wall Plan and Construction Agreement

Parties and Project Information

Project Name:    Project Address:

RECITALS

WHEREAS, Client requires construction of a curb and/or retaining wall at the Project Address for the purposes of roadway delineation, stormwater control, and site stabilization; and

WHEREAS, Contractor is duly licensed and experienced in the performance of curb and wall construction, and represents that Contractor has the personnel, equipment, and ability to perform the work in accordance with this Plan and Agreement; and

WHEREAS, the parties desire to set forth in writing their agreement with respect to the scope, schedule, payment, and other terms governing the construction and acceptance of the curb and wall described below.

SCOPE OF WORK

Contractor shall furnish all labor, materials, tools, equipment, supervision and incidentals necessary to complete the work described in this Construction Curb Wall Plan in accordance with the specifications, drawings, and standards set forth herein and attached. Work includes site preparation, excavation, forming, placement of footings and reinforcement, concrete or masonry placement, backfill, drainage provisions, finish surfacing, protection, cleanup and final acceptance.

PLAN SPECIFICATIONS

Curb Length (linear feet):    Curb Height (inches):

Wall Length (linear feet):    Wall Height (feet):    Wall Thickness (inches):

Footing Depth and Type:

Drainage Provisions:

PERMITS, INSPECTION & ACCEPTANCE

Permits required for this work: Yes    Permit Number:

PAYMENT TERMS

Total Contract Amount: $

Deposit Due on Award: $    Final Payment Due on Acceptance: $

Late Payment Fee: (applies to past due balances)

TERM AND TERMINATION

Commencement Date:    Estimated Completion Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within days after written notice. Termination for convenience by Client requires days written notice and payment for work completed to date plus demobilization costs.

CHANGES AND CHANGE ORDERS

All changes to the scope, price, or schedule shall be made only by written change order signed by both parties. Change orders shall document the description of the change, adjustment to price, and adjustment to schedule. Emergency changes necessary for safety may be performed immediately and documented within days.

INSURANCE, INDEMNITY AND SAFETY

Contractor shall maintain commercial general liability insurance with minimum limits of $ per occurrence and workers' compensation as required by law. Contractor shall name Client as additional insured on liability policies for this Project where applicable.

CONFIDENTIALITY

Each party acknowledges that during the performance of this Agreement it may receive or have access to confidential or proprietary information. Each party shall protect such information from unauthorized use or disclosure and shall not disclose it to third parties except as required to perform the obligations under this Agreement, as required by law, or with the prior written consent of the disclosing party. The obligations in this section shall survive termination of the Agreement for a period of years.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles. Venue for any action arising under this Agreement shall be in the state or federal courts located in that State.

ENTIRE AGREEMENT

This Agreement, together with the attached plans, specifications, schedules and executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. No amendment to this Agreement shall be effective unless executed in writing by both parties.

ATTACHMENTS AND DRAWINGS

The parties certify that the Contractor will perform all work in a professional manner in accordance with accepted industry standards and applicable codes, and that Contractor possesses all licenses and permits required to perform the Work.

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