Excavation Project Proposal

EXCAVATION PROJECT PROPOSAL

This Excavation Project Proposal (the Agreement) is entered into by and between Client Name: and Contractor Name: (collectively the Parties), effective as of Execution Date: .

WHEREAS

WHEREAS, Client requires excavation, grading, and associated sitework at Location: (the Project); and

WHEREAS, Contractor is duly qualified and experienced to perform excavation services and represents that it will perform the Work in accordance with applicable law, permits, and industry standards; and

WHEREAS, the Parties desire to set forth the terms and conditions by which Contractor will perform excavation, site preparation, and related services for the Project.

PROJECT CONTACTS

SCOPE OF WORK

Contractor shall furnish all labor, equipment, materials, supervision and incidentals necessary to perform excavation and related work as described below. Work includes, but is not limited to, clearing, stripping, excavation to specified grades, temporary and permanent shoring, dewatering as required, hauling and legal disposal of excavated material, backfill and compaction, final grading, and site cleanup. Contractor will perform the following tasks in accordance with the Contract Documents and applicable codes:

SCHEDULE

Mobilization to commence no later than Commencement Date: . Contractor estimates Substantial Completion by Completion Date: , subject to permits, weather, and change orders.

PAYMENT TERMS

Total Contract Price: $ . Payments will be made according to the schedule below.

Deposit: $ due upon execution. Progress payments as set forth above. Final payment withheld until final inspection and acceptance by Client or authorized representative.

Late Payment: Any undisputed amount not paid when due shall accrue interest at a rate of (or the maximum lawful rate) and Contractor may suspend work after ten (10) days' written notice.

PERMITS, COMPLIANCE AND SITE CONDITIONS

Contractor will obtain and pay for Contractor-required permits. Client shall obtain and pay for Owner-required permits and rights-of-entry unless otherwise agreed. Contractor's price assumes subsurface conditions consistent with available reports; unforeseen subsurface conditions are subject to change order pricing.

INSURANCE, INDEMNITY AND LIABILITY

Contractor shall maintain commercial general liability, workers' compensation, and automobile liability insurance in amounts customary for excavation contractors and shall provide certificates upon request. Contractor agrees to indemnify, defend and hold Client harmless from Contractor's negligent acts or omissions, to the extent allowed by law. Client shall indemnify Contractor for liabilities arising from Client-supplied information, utilities, or site conditions not disclosed prior to execution.

CHANGE ORDERS

Any alteration, addition or deletion to the Scope of Work constitutes a Change Order. No Change Order shall be effective unless agreed in writing and signed by both Parties, stating the change, adjustments to the Contract Price, and any extension of time.

WARRANTY AND ACCEPTANCE

Contractor warrants that Work performed shall be free from defects in workmanship for a period of from final acceptance. Remedies are limited to repair or replacement of defective work at Contractor's option. Client shall inspect and either accept or provide written notice of nonconformities within after substantial completion.

CONFIDENTIALITY

Each Party agrees to keep confidential all non-public information disclosed in connection with this Agreement and not to disclose such information to third parties without prior written consent, except as required by law. Confidential information does not include information that is or becomes publicly available through no breach by the receiving Party, independently developed by the receiving Party, or rightfully received from a third party without restriction.

FORCE MAJEURE

Neither Party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, labor disputes, shortages, governmental actions, or severe weather. The affected Party shall give prompt notice and shall be excused for the duration of such event.

TERM AND TERMINATION

This Agreement commences on Start Date: and continues through End Date: , unless earlier terminated in accordance with this Section. Either Party may terminate for convenience upon prior written notice of Notice Period (days): days. Either Party may terminate immediately upon material breach by the other Party if such breach remains uncured for ten (10) days following written notice.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction specified by the Parties: , without regard to its conflicts of law principles.

ENTIRE AGREEMENT

This Agreement, together with any written Change Orders and attachments signed by the Parties, represents the entire agreement between the Parties with respect to the Project and supersedes all prior negotiations and understandings. No modification shall be effective unless made in writing and signed by authorized representatives of both Parties.

MISCELLANEOUS PROVISIONS

Assignment: Neither Party may assign this Agreement without the prior written consent of the other, except to a successor by merger or sale of substantially all assets. Severability: If any provision is held invalid, remaining provisions shall remain in full force. Notices: Notices shall be in writing and delivered to the contact addresses set forth above.

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