Ironroot Environmental Services LLC

Operational & Service Master Agreement

Company: Ironroot Environmental Services LLC
Owner: Erik Oudemolen
Phone: 616-727-7878
Email: ironrootmi@gmail.com
Service Area: West Michigan

1. Agreement Overview

This Operational & Service Master Agreement (“Agreement”) is entered into between Ironroot Environmental Services LLC (“Contractor”) and the customer identified on the estimate, invoice, proposal, or accepted work authorization (“Customer”).

This Agreement governs all work, labor, materials, transportation, equipment usage, consultation, estimates, inspections, and related services performed by Contractor unless otherwise stated in writing.

By approving an estimate, invoice, work order, electronic signature, text confirmation, email approval, deposit payment, or allowing work to begin, Customer agrees to all terms contained within this Agreement.

2. Scope of Services

Services may include, but are not limited to:

• Septic system installation

• Drainage solutions and French drains

• Downspout drainage systems

• Yard grading and regrading

• Driveway grading and aggregate placement

• Land clearing and vegetation management

• Brush cutting and unwanted vegetation removal

• Trenching and utility excavation

• Pond edge and shoreline work

• Erosion control and rip-rap installation

• Material hauling and placement

• Soil, aggregate, mulch, and stone delivery

• Stump grinding and cleanup

• Fallen tree and storm debris removal

• Site preparation and restoration

• Equipment transportation and mobilization

• Additional environmental and land improvement services

Any work outside the written estimate or approved scope may require additional charges.

3. Contractor Licensing & Limitations

Ironroot Environmental Services LLC is an environmental and land services contractor.

Unless separately stated in writing and properly licensed where required, Contractor is not acting as a licensed residential builder, general contractor, electrician, plumber, or mechanical contractor.

Contractor does not perform:

• Structural building construction

• Licensed electrical work

• Interior plumbing systems

• Footing drain waterproofing systems requiring specialized licensing

• Pool construction

• Structural demolition requiring specialty licensing

• Work requiring licensing beyond Contractor’s current legal scope

Customer acknowledges responsibility for hiring any separately required licensed professionals.

4. Estimates & Pricing

All estimates are based upon visible site conditions and available information at the time of inspection.

Hidden conditions including, but not limited to:

• Buried debris

• Concrete

• Utility conflicts

• Unmarked private lines

• Excess groundwater

• Soil instability

• Contamination

• Tree roots

• Existing drainage failures

• Improper previous installations

• Unknown structures

may require additional labor, equipment, materials, or redesign.

Estimates are valid for 14 days unless otherwise stated.

Material prices, fuel costs, trucking, disposal fees, permit costs, and rental pricing may change without notice prior to scheduling.

5. Payment Terms

Unless otherwise agreed in writing:

• 20% deposit due upon scheduling

• 30% due upon project mobilization/start

• Remaining 50% due immediately upon completion

Invoices are due upon receipt unless otherwise stated.

Late payments may incur:

• Interest charges

• Collection costs

• Attorney fees

• Lien rights where permitted by law

Contractor reserves the right to pause work for nonpayment.

Returned checks, failed transfers, or disputed payments may result in additional fees.

6. Hourly, Daily & Portal-to-Portal Billing

Certain work may be billed hourly, half-day, full-day, per-load, per-mile, or portal-to-portal.

Portal-to-portal billing includes:

• Travel time

• Loading and unloading

• Mobilization

• Fueling

• Material pickup

• Equipment preparation

• Disposal time

• Cleanup and demobilization

Minimum billing periods may apply.

Mileage, trucking, disposal, waiting time, machine idle time caused by customer delays, inaccessible sites, weather interruptions, utility conflicts, or third-party delays may be billable.

7. Change Orders

Any requested changes to scope, materials, schedule, quantities, or design may require additional charges.

No field employee, subcontractor, laborer, or operator has authority to approve pricing changes.

Only written approval from Ironroot Environmental Services LLC ownership or management authorizes modifications.

Additional work may continue under verbal approval when immediate action is required to safely continue operations.

8. Site Access & Property Conditions

Customer agrees to provide safe and reasonable access to the project area.

Contractor may access the site as reasonably necessary during the duration of the project for:

• Equipment placement

• Material staging

• Delivery access

• Cleanup

• Inspections

• Service operations

• Return visits

Customer understands that heavy equipment may cause:

• Lawn disturbance

• Rutting

• Soil compaction

• Surface cracking

• Ground settling

• Minor property damage inherent to construction operations

Contractor will attempt reasonable care but does not guarantee zero disturbance.

9. Utilities & Marking Responsibility

Customer is responsible for identifying and disclosing:

• Private utilities

• Invisible dog fencing

• Irrigation systems

• Septic components

• Drainage systems

• Buried cables

• Landscape lighting

• Wells

• Tanks

• Underground structures

Miss Dig/public utility locating does not identify all private utilities.

Contractor is not responsible for damage to improperly marked or undisclosed utilities or systems.

10. Weather & Delays

Scheduling is subject to:

• Weather

• Equipment availability

• Ground conditions

• Emergency service obligations

• Permit delays

• Material shortages

• Subcontractor availability

• Mechanical failures

• Seasonal conditions

Estimated timelines are not guarantees.

Contractor shall not be liable for delays outside reasonable control.

11. Emergency Service Clause

Customer acknowledges Contractor personnel may respond to emergency situations, including fire, EMS, public safety, storm response, or emergency operations.

Temporary interruptions, delays, rescheduling, or emergency departures shall not constitute breach of contract.

12. Disposal & Environmental Conditions

Standard pricing assumes clean, non-hazardous materials.

Hazardous materials, contaminated soils, unknown waste, asbestos-containing materials, fuel contamination, chemical exposure, or regulated disposal conditions may require immediate work stoppage and additional charges.

Contractor reserves the right to refuse unsafe or unlawful disposal requests.

13. Permits & Compliance

Unless specifically stated otherwise in writing, Customer is responsible for:

• Property permissions

• HOA approvals

• Easements

• Engineering approvals

• Certain permits

• Site surveys

• Legal property boundaries

Contractor may assist with permit coordination but is not responsible for approval delays caused by agencies or third parties.

14. Warranty & Limitations

Contractor warrants workmanship to be performed in a commercially reasonable manner.

No warranty applies to:

• Customer misuse

• Acts of nature

• Flooding

• Soil movement

• Existing structural failures

• Tree root intrusion

• Pre-existing drainage problems

• Third-party damage

• Lack of maintenance

• Extreme weather

• Groundwater fluctuations

Drainage and water-control systems reduce risk but cannot guarantee complete elimination of water intrusion under all conditions.

15. Limitation of Liability

Contractor’s liability shall be limited to the value of the contracted work performed.

Contractor shall not be liable for:

• Indirect damages

• Consequential damages

• Loss of use

• Lost profits

• Property value changes

• Crop losses

• Business interruption

• Water damage beyond reasonable control

16. Insurance

Contractor maintains applicable insurance coverage as required by law and operational necessity.

Proof of insurance may be provided upon reasonable request.

17. Photographs & Media

Contractor may photograph or document project conditions, work progress, equipment operations, and completed work for:

• Documentation

• Insurance records

• Training

• Marketing

• Portfolio use

Customer property addresses and sensitive information will not intentionally be publicly disclosed beyond normal business marketing practices.

18. Termination

Contractor reserves the right to terminate or suspend work for:

• Unsafe conditions

• Harassment

• Nonpayment

• Misrepresentation

• Legal violations

• Dangerous site conditions

• Inaccessible property

Customer remains responsible for completed work, materials ordered, mobilization costs, and incurred expenses.

19. Governing Law & Venue

This Agreement shall be governed by the laws of the State of Michigan.

Customer agrees that any legal action, claim, dispute, or proceeding arising from services performed by Ironroot Environmental Services LLC shall be exclusively brought in a state or court of competent jurisdiction located in Ottawa County, Michigan.

Both parties consent to the exclusive jurisdiction and venue of Ottawa County, Michigan.

20. Additional Operational Terms

20.1 Equipment Usage

Contractor reserves the right to determine:

• Equipment type

• Equipment sizing

• Operator assignment

• Hauling methods

• Material sourcing

• Work sequencing

• Means and methods of construction

Customer shall not direct unsafe equipment operation.

Equipment may include:

• Excavators

• Skid steers

• Dump trucks

• Dump trailers

• Compact equipment

• Forestry equipment

• Pumps

• Compactors

• Grading equipment

• Attachments and specialty tools

Idle time caused by customer delays, blocked access, weather interruptions, waiting on inspections, utility conflicts, delivery delays, neighboring property interference, or inaccessible staging areas may remain billable.

20.2 Material Pricing & Markups

Customer acknowledges that material pricing may include:

• Delivery charges

• Loading fees

• Disposal fees

• Fuel surcharges

• Procurement time

• Administrative costs

• Equipment usage

• Supplier price fluctuations

• Standard business markup

Contractor may apply markup percentages to:

• Materials

• Fuel

• Parts

• Disposal fees

• Rentals

• Subcontracted services

• Specialty tools

• Emergency procurement

Material quantities are estimated and may vary based on actual site conditions.

20.3 Rental Equipment

Contractor may utilize rented equipment when necessary.

Rental charges may include:

• Delivery

• Pickup

• Cleaning

• Damage waivers

• Fuel

• Transportation

• Attachments

• Additional rental days caused by weather or delays

Customer may remain responsible for extended rental costs caused by customer delays or inaccessible conditions.

20.4 Hauling & Disposal

Material hauling rates may include:

• Truck time

• Fuel

• Driver labor

• Disposal fees

• Wait time

• Traffic delays

• Tarping

• Loading assistance

• Equipment usage

Excavated material volumes may increase during removal due to expansion, aeration, moisture, or swell factors.

Contractor does not guarantee exact hauled quantities unless certified scale documentation is specifically included.

20.5 Site Restoration

Unless specifically included in writing, Contractor is not responsible for:

• Final landscaping

• Seed establishment

• Irrigation repair

• Settlement corrections after completion

• Long-term erosion from weather events

• Grass restoration beyond rough grading

• Decorative restoration

Disturbed areas may require future maintenance by Customer.

20.6 Drainage & Water Control Systems

Drainage systems are designed to improve water management conditions but cannot guarantee elimination of:

• Flooding

• Hydrostatic pressure

• Groundwater intrusion

• Surface runoff during extreme storms

• Saturated soil conditions

• Water migration from neighboring properties

• Frozen discharge lines

• Seasonal groundwater changes

Customer understands that no drainage system is guaranteed waterproof under every environmental condition.

20.7 Septic & Underground System Conditions

Septic and underground system installations are dependent upon:

• Soil conditions

• Site grading

• Groundwater levels

• Permit approvals

• Inspection requirements

• Existing site limitations

• Utility locations

• Weather conditions

Contractor is not responsible for:

• Improper prior installations

• Existing failing systems outside contracted work

• Future misuse of septic systems

• Excessive water usage

• Unapproved modifications by others

• Damage caused by vehicles or structures placed over systems

Customer is responsible for proper future maintenance and pumping.

20.8 Hidden Conditions & Unknown Obstacles

Customer acknowledges excavation, drainage, vegetation management, grading, hauling, shoreline, septic, and land work inherently involve unknown conditions.

Additional charges may apply for:

• Buried concrete

• Foundations

• Construction debris

• Excessive rock

• Tree stumps

• Scrap materials

• Utility conflicts

• Unstable soils

• Contaminated material

• Water intrusion

• Improper fill

• Abandoned structures

• Unmarked tanks

• Abandoned septic systems

• Abandoned wells

• Undocumented drain fields

• Unknown imported materials

• Unforeseen environmental conditions

Groundwater conditions, seasonal saturation, unstable soils, weather events, or elevated water tables may alter installation methods, productivity, equipment requirements, or scheduling.

Additional dewatering, pumping, stabilization, trucking, stone, sand, or imported materials may be required depending on site conditions.

Contractor reserves the right to immediately stop work if unsafe or unlawful conditions are encountered.

20.9 Property Boundaries & Easements

Customer is solely responsible for confirming:

• Property boundaries

• Easements

• Rights-of-way

• Neighbor approvals

• Shared access agreements

• Encroachments

Contractor shall not be responsible for disputes related to inaccurate boundary assumptions.

20.10 Customer Delays, Suspension & Abandonment

Customer-caused delays may result in:

• Rescheduling fees

• Additional mobilization charges

• Increased labor costs

• Extended rental fees

• Material price increases

• Additional site visits

• Fuel surcharge adjustments

Projects paused for extended periods may require revised pricing.

If Customer fails to provide payment, site access, approvals, communication, or required decisions within a reasonable timeframe, Contractor reserves the right to:

• Suspend operations

• Remove equipment from site

• Reassign scheduling priority

• Charge remobilization fees

• Revise project pricing

• Invoice for completed work and incurred costs

Projects inactive for extended periods may be considered abandoned.

20.11 Winter Conditions & Seasonal Operations

Frozen ground, snow, mud, spring thaw, excessive rain, or seasonal restrictions may impact:

• Productivity

• Site accessibility

• Equipment selection

• Scheduling

• Soil compaction

• Material availability

Contractor reserves the right to delay operations to avoid unsafe or damaging site conditions.

20.12 Safety & Right to Refuse Unsafe Work

Customer agrees to maintain a safe work environment.

Children, pets, unauthorized personnel, and vehicles shall remain clear of active work zones.

Contractor reserves authority over all operational safety decisions on-site.

Unsafe customer behavior may result in immediate suspension of work.

Contractor reserves the right to refuse, stop, or delay work involving:

• Unsafe structures

• Aggressive animals

• Hazardous materials

• Unstable slopes

• Unsafe excavation conditions

• Electrical hazards

• Violent or threatening behavior

• Unmarked utilities

• Unsafe access conditions

• Conditions creating unreasonable risk to personnel or equipment

20.13 Subcontractors

Contractor may utilize subcontractors, trucking companies, suppliers, rental providers, or specialty operators as necessary.

Contractor retains discretion regarding subcontractor selection.

20.14 Communication & Electronic Approval

Electronic communications including:

• Text messages

• Emails

• Digital signatures

• Online approvals

• Electronic invoices

• Payment confirmations

may serve as legally binding authorization.

20.15 Collection Costs

Customer agrees to pay:

• Collection costs

• Attorney fees

• Court costs

• Interest charges

• Lien filing expenses

associated with unpaid balances where permitted by law.

20.16 Insurance Claims & Damages

Customer agrees to promptly report any alleged damages.

Contractor shall be provided reasonable opportunity to inspect and address concerns prior to third-party repair work being authorized.

Contractor shall not be responsible for:

• Existing property defects

• Pre-existing cracking

• Settlement

• Deteriorated pavement

• Weak concrete

• Existing drainage failures

• Pre-existing landscaping issues

Heavy equipment operations may impact surrounding areas depending on soil, weather, moisture, root systems, or site conditions.

20.17 Vegetation, Trees & Root Systems

Customer understands excavation, grading, drainage, hauling, trenching, vegetation management, shoreline work, and material placement operations may impact existing vegetation and surrounding landscape features.

Roots, trees, shrubs, bushes, grass, flowers, plants, and landscaping may:

• Become damaged

• Experience root disturbance

• Decline in health

• Die after construction operations

• Experience delayed stress or deterioration

• Become vulnerable to pests, insects, disease, fungus, or decay due to root or plant damage

Sand, soil, stone, aggregate, fill material, equipment traffic, loading, unloading, stockpiling, work zones, and designated traffic paths may also damage vegetation or surrounding surfaces.

Contractor is not responsible for damage occurring within designated work zones, access routes, staging areas, loading areas, unloading areas, traffic zones, or areas reasonably necessary for operations unless caused by complete negligence outside the contracted scope of work or outside designated operational areas.

Vegetation removal, trimming, root cutting, grading, drainage installation, and soil disturbance may result in future regrowth issues, settlement, drainage changes, or long-term landscape impacts.

20.18 Equipment Recovery & Site Conditions

Contractor shall not be responsible for delays, damage, or additional costs caused by inaccessible, unstable, wet, muddy, frozen, or unsafe site conditions.

If equipment becomes stuck, buried, immobilized, or requires towing, recovery, extraction, stabilization, or outside assistance due to site conditions, additional charges may apply including:

• Recovery labor

• Additional equipment

• Towing services

• Downtime

• Imported materials

• Site stabilization

• Cleanup

• Additional trucking

20.19 Customer-Supplied Materials

Contractor makes no warranty or guarantee regarding customer-supplied materials, products, pipe, fittings, pumps, tanks, stone, soil, aggregate, or equipment.

Additional labor, delays, or costs caused by defective, incorrect, delayed, incompatible, or unavailable customer-provided materials may be billable.

20.20 Fuel Surcharge Adjustments

Pricing may be subject to reasonable adjustment in the event of significant increases in fuel, disposal, hauling, trucking, supplier, or transportation costs occurring after estimate approval.

20.21 Mechanic’s Lien Rights

Contractor reserves all rights available under Michigan law regarding construction liens, payment enforcement, collections, and recovery of unpaid balances.

Failure to make payment may result in lien filings, collections activity, legal proceedings, attorney fees, court costs, and additional recovery expenses where permitted by law.

20.22 Photography, Drone & Media Use

Contractor may photograph, video record, or document projects, equipment operations, work progress, completed work, and site conditions for:

• Documentation

• Insurance purposes

• Training

• Marketing

• Website use

• Social media

• Portfolio display

• Advertising

Contractor may utilize ground photography, aerial photography, or drone imagery where legally permitted.

Reasonable efforts will be made to avoid intentionally disclosing sensitive customer information.

20.23 Entire Agreement

This Agreement represents the complete understanding between Contractor and Customer.

No verbal statements, prior conversations, marketing materials, or informal discussions shall override the written terms unless specifically agreed to in writing.

20.18 Severability

If any provision of this Agreement is found unenforceable, all remaining provisions shall remain in full force and effect.

20.19 Force Majeure

Contractor shall not be liable for delays, damages, or inability to perform caused by events outside reasonable control, including:

• Natural disasters

• Severe weather

• Government restrictions

• Utility outages

• Material shortages

• Fuel shortages

• Labor shortages

• Emergency response obligations

• Acts of God

• Civil disturbances

• Supplier failures

21. Acceptance

By signing, electronically approving, paying a deposit, approving via text/email, or authorizing work to begin, Customer acknowledges acceptance of this Agreement.