Landscape Enhancement Proposal

Landscape Enhancement Proposal

Client Name:   Contracting Party (Contractor):

Project Address:

Proposal Date:

Recitals

WHEREAS, Client Name: seeks professional landscape enhancement services for the property identified above; and

WHEREAS, Contractor Name: represents that it possesses the experience, personnel, equipment and licenses required to perform the work described below; and

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows:

Scope of Work

The Scope of Work includes, but is not limited to, plant selection and installation, grading and soil amendment, irrigation modifications, hardscape elements identified in the scope, removal and disposal of debris, and final cleanup. Any work beyond the scope required by regulatory authorities or requested changes will be handled as a Change Order in accordance with the Change Order provision below.

Payment Terms

Total Contract Price: $

Payment Schedule: Deposit of upon acceptance; Progress payment(s) of ; Balance due upon final completion and acceptance by Client.

Late Payment: Payments not received within days of invoice shall bear interest at or the maximum lawful rate, plus any reasonable collection costs.

Term and Termination

Commencement Date: . Estimated Completion Date: .

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. In the event of termination for cause due to material breach, the non-breaching party may terminate immediately upon written notice if the breaching party fails to cure such breach within days after receipt of notice specifying the breach.

Upon termination, Contractor shall be entitled to payment for work completed in accordance with this Agreement and reasonable demobilization costs. Client shall have no obligation to pay for work not performed or materials not delivered.

Confidentiality

Each party shall maintain in confidence all non-public information and documentation provided by the other party in connection with this Agreement ("Confidential Information"). Confidential Information shall not include information that is or becomes publicly available without breach of this Agreement or is independently developed by the receiving party. The receiving party shall use Confidential Information solely for performance and enforcement of this Agreement and shall limit access to those employees, subcontractors or agents who require such access to perform the work and who are bound by similar confidentiality obligations.

Representations and Warranties

Contractor warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. Except as expressly set forth in this Agreement, Contractor disclaims all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.

Permits, Insurance and Compliance

Contractor shall obtain all necessary licenses and permits required to perform the Work, and maintain insurance customary for landscape contractors (including general liability). Contractor shall comply with all applicable laws, codes and regulations governing the performance of the Work.

Change Orders

Any change in scope, price, materials, or schedule shall be documented in a written Change Order signed by both parties which shall describe the change, the adjustment to the contract price if any, and any change to the completion date. No change shall be binding on either party without an executed Change Order.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. Venue for any action arising out of this Agreement shall be in the state or federal courts located in the county where the Project is situated.

Limitation of Liability

Except for willful misconduct or gross negligence, neither party shall be liable for consequential, incidental, special or punitive damages, and the aggregate liability of Contractor for any claim arising out of or relating to this Agreement shall not exceed the total amount paid by Client to Contractor under this Agreement.

Entire Agreement

This Agreement, including any referenced schedules or Change Orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, representations and understandings, whether written or oral. Any amendment to this Agreement must be in writing and signed by both parties.

Acceptance: By signing below, Client authorizes Contractor to proceed with the Work under the terms of this Proposal and Agreement and acknowledges receipt of a copy of this Proposal.

Client Acceptance:

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