est/Otten Bros/seeding buffer area

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OTTEN BROS.LANDSCAPING AGREEMENT 1. Work To Be Pertormed.Contractor agrees to furnish labor and materials to complete the improvements described in the Estimate/Proposal attached hereto("the ProjecY')to be made to real property owned by Owner and located at the address specified in the Estimate/Proposal("the Property".) All work shall be performed in accordance with the terms of this Agreement,including the Estimate/Proposal. Contractor has final authority for placement or arrangement of such equipment and materials not specifically explained in the Estimate/Proposal. However,Contractor shall make reasonable effort to obtain Owner's approval of any such placement or arrangement prior to undertaking the work necessary to complete such placement or arrangement. 2. Commencement and Comaletion of Construction Contractor shall commence work on and complete the Project in a reasonable time: provided, however, that Contractor shail not be liable for delays caused by fire,acts of God,labor strikes,any act or failure of Owner or Owner's agent including scheduling errors,or other causes beyond the controi of Contractor. 3. Contract Price: Pavment to Contractor In consideration of the labor and materials provided by Contractor in accordance with the terms of this Agreement,Owner shall pay Contractor the sum,and pursuant to the terms,set forth on the Estimate/Proposal("the Contract Price".) The Contract Price shall be subject to adjustment only in accordance with a Change Order issued in accordance with paragraph 5 below. The standard deposit is twenty percent of the contract price.The balance is due upon completion;a 1.5%service charge will be added after 30 days. No warranty or replacements will be made until the project is paid in full. 4. Contractor's Warranties. Contractor warrants that: (A) the Project shall be completed by Contractor in a good,workmanlike manner consistent with standards in the industry (B) except as provided in paragraph 8,all materials shall be as specified on the Estimate/Proposal; (C) Contractor shall replace once: (i)any tree,shrub or evergreen that does not survive for two(2)years after the date of installation; (ii)any perenniat that does not survive for one(1)year after the date of installation; (iii)any garden rose that does not survive the current year's growing season; provided,however,that any such replacement will be conditioned on: (a)payment having been made in fuli pursuant to the terms of this Agreement; (b)proper maintenance and winter protection procedures having been followed; (c)the plant to be replaced having not damaged by animal, mechanical or chemical means;and (d)the failure to survive being reported within the appficable warranty period. "Seed is certified at least 85%germination by testing under State and Federal laws. No other guarantee for germination is expressed or implied after seed is spread.Proper bed preparation will be followed to insure the best chances for success. Ultimately,proper watering practices and temperature will determine success. 5. Chanae Orders.(A) Except as provided in subparagraph(B)of this paragraph,this Agreement,including any Estimate/Proposal,may be changed onty by a Change Order as defined hereinafter. A"Change Order"shall be in writing signed by both Contractor and Owner,on a Change Order form,which shall specifically describe the nature of the change to the Project,state the amount of the extra charge or credit resulting from the change,and show the new revised Contract Price. (B) Any change to the Project that will result in a change in the Contract Price of less Two Thousand Five Hundred Doliars($2,500.00)or 20%of the Contract Price may be agreed to verbally by Owner and Contractor,and Owner agrees to pay any additional charges made pursuant to such a verbal agreement. 6. Permits. The Property Owner shall be responsibie for obtaining and shall pay for any and all permits required by any governing authority.Unless otherwise stated in the Estimate/Proposal. 7. Private Utilitv Disclaimer Contractor shall not be responsible for any damage to any underground phone,cable television,eiectric or natural gas lines not located or erroneously located by Gopher State One Call or similar service provider,or for any private utilities(including but not limited to irrigation systems, underground electronic fencing for pets,yard lighting and gas grill natural gas lines)not marked by Owner. 8. Substitutions. Contractor does not expect to make substitutions for any materials to be provided pursuant hereto. However,on occasion crop failure and other factors beyond the control of Contractor cause shortages and unavailability. When this occurs Contractor will make reasonable attempts to notify Owner of such shortages and/or unavailability and to recommend a variety similar to the product specified on the Estimate/Proposai. However,if Owner does not respond,or if due to availability or time constraints Contractor needs to place an order without reasonable opportunity to notify Owner,then Contractor is authorized to make such substitution. In such case,Owner shall pay any reasonable increases in price for the substituted plant. 9. Attornevs'Fees. In the event of breach of this Agreement by either of the parties hereto,such breaching party shall be responsible for and pay to the other party all attorneys'fees and costs incurred by such other party as a result of such breach or threat thereof. 10. Mechanic's Lien Notice. Contractor is obligated by law to provide Owner with the foilowing notice: (i) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (ii) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvements unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. 11. Notices. Any notice to be given to Owner or Contractor shall be given by certified United States Mail,return receipt requested and addressed to Owner or Contractor at the respective address given above. Any such notice shall be deemed given three(3)days after mailing. 12. Valid dates. The Project and Prices as outlined in the Estimate/Proposal are valid only within the calendar year that it was written,unless otherwise stated in the Estimate/Proposal.