Check all items that apply. These will appear in the printed proposal.
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1. Underground Utilities & Excavation Safety
Before any excavation begins, all underground utilities MUST be marked and located per California law. Client is responsible for calling 811 (Dig Safe) and verifying all utility locations. Gecko Golf Construction is NOT responsible for damage to hidden, unmarked, or incorrectly marked utilities. If unmarked utilities are discovered, work stops immediately until resolved. Client agrees to provide a written spotter for all excavation within 5 feet of marked utilities.
2. Change Orders
No extra work will be performed without written authorization. A written Change Order will be provided showing added cost and scope. Unforeseen site conditions (rock, soft material, debris, buried obstructions) may require adjustment to scope and pricing.
3. Payment Terms
Payment is due per the schedule above. Late payments accrue interest at 1.5% per month (18% per annum) as permitted under California law. Gecko reserves the right to stop work if invoices become seriously past due. California Prompt Payment Act applies to public contracts.
4. Mechanics Lien Rights
Gecko Golf Construction, Inc. retains the right to file a Mechanics Lien on the subject property if payment is not received as agreed (California Civil Code §8400 et seq.). Preliminary lien notice will be served where required by California law.
5. Warranty & Liability
All work performed in a professional and workmanlike manner. Gecko's total liability is limited to the contract amount. Warranty does NOT cover: settlement due to pre-existing soil conditions, changes made after completion, or acts of nature. Gecko is not responsible for lost profits, consequential damages, or delays caused by others.
6. Working Conditions
Gecko assumes normal and reasonable working conditions. Wet, unstable, or unsafe soil conditions may delay work and affect pricing. Additional mobilization charges apply if Client-caused delays require equipment removal and return.
7. Insurance
Gecko Golf Construction, Inc. carries Commercial General Liability and Workers' Compensation (State Compensation Insurance Fund). Certificates of Insurance available upon request. Additional insured endorsement available at 5.0% of payroll if required.
8. Governing Law & Disputes
This agreement is governed by the laws of the State of California. Disputes will be resolved through mediation first; binding arbitration in Orange County if mediation fails. If any provision is found unenforceable, the remainder stays in effect.
By signing below, both parties agree they have read, understand, and accept all pricing, terms, and conditions in this Proposal & Working Agreement. This document becomes a binding contract upon execution by both parties.