Fill and Sign the Idaho Landscape Contract for Contractor Form

- 1 - LANDSCAPING CONTRACT THIS LANDSCAPING CONTRACT (“Contract”), effective as of the date of the last party to sign below, is between , having an address at ("Contractor") and , having an address at ("Owner"). For valuable consideration the parties hereby agree as follows: 1. SCOPE OF WORK: Contractor shall provide all labor and materials, and perform all work necessary for the completion of the residence, structure, or impro vements as described in the drawings and specifications signed by both Owner and Contractor (“Project”) and more particularly described as Such drawings and specifications are hereby made a part of this Contract. Drawings and specifications shall contain a scale drawing showing the shape, size, and dimensions of the construction and equipment together with a description of the work to be done, materials to be used, and the equipment to be used or installed. PLANT S TREES TYPE SIZE QUANTITY AMOUNT SHRUBS TYPE SIZE QUANTITY AMOUNT FLOWERING PLANTS TYPE SIZE QUANTITY AMOUNT MAT ERIAL QUANTITY AMOUNT Wood Chips Peat Moss Peat Humus Soil Mulch Shredded Cypress Sand Fertilizer Manure Loam - 2 - Lime Gravel Clay Bark Landscape Fabric Stone Brick Wood Other LAWN MATERIAL SQUARE FEET AMOUNT Sod Seed LABOR AMOUNT Design/Planning Grading Soil Preparation Planting Mulching Edging and Borders Pruning Fertilizing Sodding Seeding Mowing Thatching Aeration Weed C ontrol Brick Stone Walls Stairs Terracing Walkways Patios Install Pond Install Water Fo untain Sprinkler Drainage Stump Removal/Grinding Rototilling Spring/Fall Cleanup Other TO TAL PLANTS TOTAL MATERIALS TOTAL LAWN MATERIALS TOTAL LABOR TOTAL DELIVERY - 3 - TOTAL EQUIPMENT TOTAL 2. WORK SIT E: The Project shall be constructed on the property of Owner located at and more particularly described as (hereafter "the Work Site"). Owner hereby authorizes Contractor to commence and complete the usual and cu stomary excavation and grading on the Work Site as may be required in the judgment of the Contractor to complete the Project. Unless called for in the drawings or specifications, no landscaping, finish grading, filling or excavation is to be performed at t he Work Site by the Contractor. 3. TIME OF COMPLETION: Contractor shall commence the work to be performed under this Contract on or before and shall substantially complete the work on or before . Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, acts of God, illness, injury, or general unavailability o f materials. 4. PERMITS: Contractor shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be included as part of the Project price. 5. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's risk insurance. 6. SURVEY AND TITLE: If the Project is near the Owner’s property boundary, Owner will point out property lines to the Contractor. If the Owner or Contractor has any doub t about the location of the property lines, Owner shall provide Contractor with boundary stakes through a licensed surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that affect the Work Site. 7. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work, including changes to the drawings and specifications, from time to time during the construction of the Project. However, any such change or modification shall only be made by written "Change Order" signed by both parties. Such Change Orders shall become part of this Contract. Owner agrees to pay any increase in the cost of the Project as a result of a Cha nge Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, the Contractor shall estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the estimated cost. 8. CONTRACT PR ICE: {COST PLUS} Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of $ for performing the services set forth in the scope of the work. Contractor shall be paid as follows: - 4 - . OR {FIXED FEE} Owner agrees to pay Contractor the sum of $ for performing the services set forth in the scope of the work. Contractor shall be paid as follows: . Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due. 9. LATE PAYMENT/DEFAULT: A failure to make payment f or a period in excess of ten (10) days from the due date shall be deemed a material breach of this Contract. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made without breach of the Co ntract pending payment or resolution of any dispute. Owner agrees to pay a late charge of 1% of all payments that are more than ten (10) days late plus interest at the rate of 1% per month. 10. DESTRUCTION AND DAMAGE : If the Project is destroyed or damag ed for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condit ion prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Cont ractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage. 11. ASSIGNMENT : Neither party may assign this Contract, or payments due under the Contract, without the other party’s written consent. Any such assignment shall be void and of no effect. 12. INTERPRETATION: (a) Interpretation of Documents. The Contract, drawings, and specifications are i ntended to supplement one another. In the event of a conflict, the specifications shall control the drawings, and the Contract shall control both. If work is displayed on the drawings but not called for in the specifications, or if the work is called for i n the specifications but not displayed on the drawings, Contractor shall be required to perform the work as though it were called for and displayed in both documents. (b) Entire Agreement. This Contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this Contract exists between the parties. This Contract may only be modified only by a written agreement signed by both parties. (c) Governing Law. This Contract shall be inte rpreted and governed in accordance with the - 5 - laws of the State of Idaho. 13. ATTORNEYS’ FEES AND COSTS: If any party to this Contract brings a cause of action against the other party arising from or relating to this Contract, the prevailing party in such proceeding shall be entitled to recover reasonable attorney fees and court costs. 14. PERFORMANCE: (a) Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant this Contract provided Contractor shall remain fully respons ible for the proper completion of the Project. (b) All work shall be completed in a workman -like manner and in compliance with all building codes and applicable laws. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work. (c) Contractor agrees to remove all debris and leave the premises in broom clean condition. 15. WARRANTY: Contractor's warranty shall be limited to defects in workmanship within the scope of work performed by Con tractor and which arise and become known within from the date hereof. All said defects arising after and defects in material are not warranted by Contractor. Contractor warrants that newly installed plants will survi ve for after date of installation, or Contractor will replace at no charge. Contractor may elect not to replace plant materials based upon a determination that plants have died as a result of extreme weather conditions, a lack of wateri ng or the negligence of others. Plants installed under warranty that show some leaf damage at the end of warranty period, yet are still living, are not to be replaced. Rather, Contractor will assess the damage and may have to change the planting mix at no charge to the customer. Contractor hereby assigns to Owner all warranties on materials as provided by the manufacturer of such materials. Contractor not responsible for damage due to acts of God. 16. DISCLOSURES : Pursuant to Idaho Code Section 45 -525 , Contractor provides the necessary disclosure of information on the final page of this document. AGREED: CONTRACTOR: Signature Print Name & Title Date License Number OWNER: Signature Print Name Date - 6 - Name and Address of License Holder - 7 - DISCLOSURE NOTICE TO OWNER Owner shall have the right at the reasonable expense of Owner to require that Contractor obtain lien wa ivers from any subcontractors providing services or materials to Contractor. Owner shall have the right to receive from Contractor proof that Contractor has a general liability insurance policy including completed operations in effect and proof that the C ontractor has worker’s compensation insurance for his employees as required by Idaho law. Owner shall be informed of the opportunity to purchase an extended policy of title insurance covering certain unfiled or unrecorded liens. Owner shall have the righ t to require, at the Owner’s expense, a surety bond in an amount up to the value of the construction project. Contractor shall provide to Owner a written disclosure statement, which shall be signed by Contractor listing the business names, addresses and t elephone numbers of all subcontractors, material men and rental equipment providers having a direct contractual relationship with Contractor and who have supplied materials or performed work on the residential property of a value in excess of five hundred dollars ($500). Contractor is not required under this subsection to disclose subcontractors, material men or rental equipment providers not directly hired by or directly working for Contractor. Such information shall be provided within a reasonable time p rior to the final payment to Contractor by Owner for construction, alteration, or repair of any improvement of residential real property. Contractor shall not be liable for any error, inaccuracy or omission of any information delivered pursuant to this se ction if the error, inaccuracy or omission was not within the personal knowledge of Contractor.