Excavation Proposal Terms

1. Proposals / Bids given are only valid for 30 days from the date of issue. Attached to each proposal is an acceptance form that should be executed and faxed back to our office at (815) 439-9935. In the event the form is not executed and sent back to our office, but the work is scheduled and commenced, that shall consititute acceptance of the contract and all the terms and conditions contained within it.
2. Work will be invoiced upon stages of completion.
3. Terms are net thirty (30) days of all invoices issued. Any discrepancies on invoices must be resolved within fifteen (15) days of invoice date.
4. The undersigned further agrees that invoices, or any part thereof unpaid thirty (30) days after due date, shall be subject to a monthly finance charge of 1 1/2 percent. In the course of enforcing collection, the undersigned also agrees to pay reasonable costs of collection including agent's and attorney's fees, all litigation /mediation costs along with court costs incurred to do so.
5. General contractor is responsible for all for licenses, bonds, permits, inspections and for utility shut-offs, as needed.
6. Phil's Topsoil, Inc. agrees to excavate for the foundation according to foundation plan and survey received from builder for the job site.
7. Engineering of and/or staking of site to be done by others before work commences.
8. If nonbearing soil is encountered at base of excavation, it shall be removed and replaced with 3" stone on a time & material basis, as instructed by a soil engineer.
9. Backfill using excavated material which has been stocked on site.
10. Hauling is bid from the site plan; if the grades are incorrect there may be additional charges for hauling. Removal or handling of spoils generated by others is an additional charge. Bid is based on clean fill or clay. There may be an additional charge for unforeseen debris in material.
11. Removing and handling of frost shall be done on a time and material basis.
12. Barricading, construction fence, silt fence, and site protection is the responsibility of others. Phil's Topsoil, Inc. will not be responsible for fencing or silt fence within ten feet of foundation for excavation, backfill or site access for trucking. If fencing needs to be relocated it shall be done by contractor or scheduled to be done by Phil's Topsoil, Inc. at time and material prices based on equipment and trucks waiting on site.
13. Cleaning of streets will be done on a time & material basis.
14. This proposal excludes the removal or disposal of any asbestos, underground tanks, or any other hazardous substance as defined by USEPA, IEPA, OSHA, or any other regulatory authority having jurisdiction. There is no handling, testing, or removal of any environmentally contaminated soil.
15. Dewatering/pumping shall be done on a time & material basis.
16. Saw cutting concrete/asphalt will be done on a time & material basis.
17. There is no landscaping or restoration, including hauling of trees, stumps, chips, and shrubs.
18. Any bank cave-ins to excavation after machine has left the site shall be done on a time & material basis plus machine delivery charge. Shoring of banks is the responsibility of others.
19. Construction or any other debris will be moved or loaded on a time & material basis.
20. Phil's Topsoil, Inc. will not assume responsibility for damage to curbs, sidewalks, drives, or other structures when allowed to cross the same. Phil's Topsoil, Inc. is not responsible for locating or repairing unmarked private utilities including street lights, sprinklers, dog fences, or any other underground object.
21. Any changes to original plans or survey must be discussed with Phil's Topsoil, Inc. management. Plans with options must be specified prior to start of work.
22. If bed rock is encountered during excavation, it shall be removed on a time and material basis.
23. The final grade price includes the spreading of topsoil which has been stripped from the lot during excavation. If extra topsoil is needed, it shall be supplied by the builder or hauled in and graded on a time and material basis.