Water Line Replacement Agreement

Water Line Replacement Agreement

This Water Line Replacement Agreement (the Agreement) is made between:

WHEREAS

WHEREAS, Owner requires replacement of the potable water service line and appurtenances serving the property identified above (the Work); and

WHEREAS, Contractor represents that it is duly licensed, competent, and insured to perform water line replacement services and agrees to perform the Work in accordance with the terms and conditions set forth in this Agreement; and

WHEREAS, the parties desire a written agreement that sets forth the scope, payment, schedule, warranties, and other material terms for completion of the Work.

SCOPE OF WORK

The Work shall include, without limitation: excavation and backfill for replacement of the service line from the water main to the meter or point of connection; removal and lawful disposal of existing materials; installation of new piping, fittings, valves, and necessary appurtenances; pressure testing and disinfection; restoration of disturbed surfaces as specified; and securing all required inspections and permits where the Contractor has assumed responsibility for permits as set forth below.

PERMITS, LICENSES, INSURANCE

Contractor warrants that it holds all required licenses to perform the Work. Contractor shall maintain at its expense commercial general liability and worker's compensation insurance covering operations and personnel. Contractor shall provide written proof of insurance and license upon Owner’s written request.

PAYMENT TERMS

Owner shall pay Contractor for completion of the Work the total sum of: (the Contract Price), subject to adjustments for Change Orders as provided herein.

Any payment not received by Contractor within days after the due date shall bear interest or late fee at the rate of until paid in full. Owner is responsible for all reasonable collection costs and attorney fees incurred by Contractor to collect past due amounts.

SCHEDULE AND TERM

Contractor shall commence Work no later than and shall substantially complete the Work by , subject to delays caused by weather, utility company schedules, permitting, or other excusable causes.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within days after receipt of written notice specifying the breach. Owner may terminate for convenience upon written notice, and Contractor shall be paid for Work performed to date plus reasonable demobilization costs.

PERMITS AND UTILITY COORDINATION

Responsibility for obtaining permits and utility coordination is allocated as follows: Contractor shall obtain all required construction permits and schedule utility locates unless Owner selects the option below. If Owner elects to obtain permits, Owner must deliver permits to Contractor prior to start of Work.

WARRANTY; WARRANTIES AND LIENS

Contractor warrants that materials and workmanship provided under this Agreement shall be free from defects for a period of twelve (12) months from substantial completion, except for damage caused by Owner misuse or subsequent work by others. Any manufacturer warranties shall be passed through to Owner to the extent assignable. Contractor shall keep the property free of liens arising from Contractor’s suppliers and subcontractors; Contractor will promptly discharge any lien caused by Contractor’s failure to pay its subcontractors or suppliers.

CONFIDENTIALITY

Each party agrees that information clearly identified as confidential and provided in writing shall be held in confidence and used solely for performance of this Agreement. Confidential information shall not include information that is or becomes public through no fault of the receiving party, independently developed by the receiving party, or required to be disclosed by law, provided the disclosing party is given prompt notice of any compelled disclosure so it may seek appropriate protection.

INDEMNIFICATION

Contractor shall indemnify, defend, and hold Owner harmless from claims, damages, losses and expenses arising out of Contractor’s performance of the Work to the extent caused by Contractor’s negligence, willful misconduct, or breach of this Agreement. Owner shall indemnify Contractor against claims arising from Owner’s failure to disclose known conditions or Owner-caused damages.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement by negotiation between senior representatives. If the dispute is not resolved within thirty (30) days, either party may pursue any remedy available at law or in equity.

ENTIRE AGREEMENT

This Agreement, including any exhibits and written Change Orders signed by both parties, constitutes the entire agreement between Owner and Contractor with respect to the Work and supersedes all prior negotiations, representations, and agreements, whether written or oral. No amendment or modification shall be effective unless in writing and signed by both parties.

NOTICES

Notices required under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party may designate in writing. Notices shall be deemed given upon personal delivery, three (3) days after deposit in the U.S. mail postage prepaid, or one (1) day after deposit with a nationally recognized overnight courier.

CHANGES; CHANGE ORDERS

Any change in the Scope of Work, price, or schedule shall be authorized only by a written Change Order signed by Owner and Contractor. Contractor shall not be obligated to perform changed work absent a signed Change Order specifying any adjustments to price or time for performance.

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