Construction Trench Document

CONSTRUCTION TRENCH DOCUMENT

Client Name:

Contractor Name:

Contractor License Number:    Insurance Carrier:

WHEREAS

WHEREAS, Client requires excavation of a trench for construction purposes at the location identified as: (the "Site");

WHEREAS, Contractor represents that it possesses the experience, personnel, equipment and licenses to perform trench excavation, shoring, dewatering, backfill and associated works in accordance with applicable safety standards and building codes; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will perform trenching services for Client.

SCOPE OF WORK

The Contractor shall perform the trenching work described below and any incidental tasks necessary for completion in a workmanlike manner and in conformity with the terms of this document.

Trench Length:    Depth:    Width:

Soil Type:   Shoring Method:

PERMITS, UTILITIES AND INSPECTIONS

Permits required for the Work shall be procured and maintained by: .

Utilities Located and Marked: Yes    No    Utility Locate Reference:

Inspections to be performed by: — Frequency:

PAYMENT TERMS

Contract Amount: $ (gross, excluding applicable taxes and permit costs unless otherwise stated).

Deposit Due at Mobilization: $    Retainage:

Payment Terms: Invoices are due within days of receipt. Late payments shall incur interest at or the maximum permitted by law, whichever is less.

TERM AND TERMINATION

Commencement Date: .    Anticipated Completion Date:

Either party may terminate this Agreement for cause if the other party materially breaches and fails to cure within days after written notice. Client may terminate for convenience upon days' prior written notice; Contractor shall be compensated for Work performed and documented costs reasonably incurred through the date of termination.

CONFIDENTIALITY

Each party shall keep confidential all non-public information received from the other party in connection with the Work and shall not disclose such information except to its employees, agents or subcontractors who have a need to know and are bound by confidentiality obligations. Confidential information does not include information that is (a) already in the public domain through no fault of the receiving party, (b) rightfully received from a third party not under an obligation of confidentiality, or (c) required to be disclosed by law or court order, provided the disclosing party gives prompt notice of such requirement to the other party where permitted.

INSURANCE AND INDEMNITY

Contractor shall maintain commercial general liability insurance with limits not less than $ per occurrence and shall maintain worker's compensation as required by law. Contractor shall name Client as an additional insured on the general liability policy for liability arising out of the Work.

Contractor shall indemnify, defend and hold harmless Client and its officers, employees and agents from and against all claims, damages, losses and expenses, including reasonable attorneys' fees, arising out of or resulting from the performance of the Work to the extent caused by the negligent acts or omissions of Contractor, its subcontractors or anyone for whom Contractor is legally responsible.

SAFETY, STANDARDS AND COMPLIANCE

Contractor shall perform the Work in compliance with applicable safety standards and building codes and shall implement appropriate shoring, sloping and protective systems for the trench. Contractor is responsible for daily site hazard assessment, safe egress, and maintaining recorded safety logs. Client retains the right to require immediate cessation of unsafe work.

INSPECTION AND ACCEPTANCE

Final acceptance shall occur upon written confirmation by Client that the Work meets the acceptance criteria and all required inspections and documentation are complete.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its choice of law rules.

ENTIRE AGREEMENT; AMENDMENTS

This document, together with any attachments and written change orders signed by both parties, constitutes the entire agreement between the parties regarding the Work and supersedes all prior negotiations, representations or agreements, whether written or oral. No amendment to this Agreement is effective unless in a writing signed by both parties.

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. Notices shall be in writing and delivered to the addresses set forth in this document or to another address as either party designates in writing.

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