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ProScapesDate: 1892 HAWTHORNE AVENUE EAST SAINT PAUL, MINNESOTA 55119 LUIS IGLESIAS Jun-20-2024 1892 Hawthorne Avenue East_Design-Build 1892 Hawthorne Avenue East Saint Paul, Minnesota 55119 EST4718243Est ID: Maddi HammerSales: FIX TIRE TRACKS $1,680.35 Fix tire tracks in back alley by installing garden soil and grading properly. Install sod to the open areas held in place with sod staples. Sod must stay wet until roots are established. Clean up work area and dispose of debris. Estimate Total $1,680.35 Subtotal Taxes $1,680.35 $0.00 page 1 of 455121 Eagan, Minnesota 3401 Highway 55 landscape@proscapesmn.com ProScapes P.6515288700 www.proscapesmn.com |I| 50% DOWN AND REMAINDER DUE AT COMPLETION Due to changing circumstances pricing for material could change at any time tell product is ordered and will be reflected in a new bid or invoice. Taxes will be added to any invoice deemed needed by the State weather estimate says it or not As a condition of performance, invoice payments must be made within ten(10) days of receipt. Any alteration or deviation from contract is considered a change order, change orders are billed out @ $95.00 per man hour plus materials and added to the sum stated above. For the purpose of mobilization and/or equipment procurement, the Contractor reserves the right to request a down payment not to exceed 50% of the sum stated above. This proposal will become a binding Agreement only after acceptance by Customer and approval of an officer of Contractor as evidenced by their signatures below. This Agreement sets forth all to the terms and conditions binding on the parties hereto on page 2 hereof, and no person has authority to make Any claim, representation, promise or condition on behalf of Contractor which is not expressed herein. All pricing is good for 30 days from date of proposal. 1. Contractor warrants that the workmanship hereunder shall be free from defects for one year from date of installation. If any replacement part or item of equipment proves defective, Contractor will extend to Customer the benefits of any warranty Contractor has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer's warranty will be at Customer's expense and at the rates then in effect. 2. Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop the equipment as necessary to perform required services. All planned work under this Agreement will be performed during Contractor's normal working hours. 3. Customer will promptly pay invoices and or follow payment schedule. Should a payment become delinquent, Contractor may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately upon demand. 4. Customer shall be responsible for all taxes applicable to the services and/or materials hereunder. 5. Any alteration to, or deviation from, this Agreement involving extra work, cost of material or labor will become an extra charge (fixed-price amount to be negotiated or on a time and material basis at Contractor's rates then in effect) over the sum stated in this Agreement. 6. In the event Contractor must commence legal action in order to recover any amount payable under this Agreement, page 2 of 455121 Eagan, Minnesota 3401 Highway 55 landscape@proscapesmn.com ProScapes P.6515288700 www.proscapesmn.com |I| Customer shall pay all Contractor court costs and attorney's fees incurred by Contractor. 7. Any legal action relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date of the work. 8. Contractor shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or materials, delay of carriers, strikes, including those by Contractor's employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control. 9. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Contractor, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of work hereunder, provided that such claim, damage, loss or expense is caused in whole or in part by any active or passive act or omission of Customer, anyone directly or indirectly employed by Customer, or anyone for whose acts Customer may be liable, regardless of whether it is caused in part by the negligence of Contractor. 10. Customer shall make available to Contractor's personnel all pertinent Material Data Sheets (MSDS) pursuant to OSHA'S Hazard Communication Standard Regulations. 11. Contractor's obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of any asbestos products or other hazardous substances. In the event such products or substances are encountered, Contractor's sole obligation will be to notify the Owner of the existence of such products and materials. Contractor shall have the right thereafter to suspend its work until such products or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. 12. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL CONTRACTOR BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER'S TENANTS OR CLIENTS, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES. 13. CUSTOMER RECOGNIZES THAT THIS IS A DESIGN/BUILD PROPOSAL, NOT A CONSULTING FEE FOR SERVICE PROPOSAL. IN THE EVENT THE CUSTOMER SOLICITS BIDS OR PROPOSALS FROM OTHER CONTRACTORS BASED ON THE TECHNICAL, PERFORMANCE, OR DESIGN PARAMETERS PRESENTED HEREIN, THE CUSTOMER ASSUMES ALL LIABILITY FOR ERRORS AND OMISSIONS AND AGREES TO INDEMNIFY AND HOLD HARMLESS CONTRACTOR, ITS AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS ARISING FROM SUCH ERROR OR OMISSION. 14. PRE-LIEN NOTICE. ANY PERSONS 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. 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 MATERIALS FOR THE IMPROVEMENTS AND WHO GAVE YOU TIMELY NOTICE". Warranty information: Hardscape Warranty: All materials are guaranteed under manufacturer’s warranty, and workmanship is guaranteed 12 months from installation. The warranty does not include discoloration of concrete based materials or natural stone. Brick Paving Warranty: All materials are guaranteed under manufacturer's warranty, and workmanship is guaranteed 12 page 3 of 455121 Eagan, Minnesota 3401 Highway 55 landscape@proscapesmn.com ProScapes P.6515288700 www.proscapesmn.com |I| Contractor: Signature Date: Maddi Hammer Client: Signature Date:06/21/2024 Email:landscape@proscapesmn.com |SNGT| |mm/dd/yyyy| months from installation. The warranty does not include discoloration of concrete based materials or natural stone. Plant Material Warranty: Warranty’s available excluding sod for one year. With proof of proper care. Irrigation Warranty: All materials are guaranteed under manufactures warranty form installation and workmanship for 12 months from installation. Extended warranties are available. Warranty is contingent upon proper system winterization, start up, and maintenance. Water Feature Warranty: All materials are guaranteed under manufacture’s warranty, and workmanship is guaranteed 12 months from installation, contingent upon proper system shut down, start up, and maintenance. Extended warranty’s available. Landscape Lighting Warranty: All Materials are guaranteed under the manufacture’s warranty, and workmanship is guaranteed 12 months from installation. Extended warranty’s available. page 4 of 455121 Eagan, Minnesota 3401 Highway 55 landscape@proscapesmn.com ProScapes P.6515288700 www.proscapesmn.com |I|