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Home My WebLink About2018 04 18 Regular 503 Landscape InformationTUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE AGENDA ITEM ITEM 503 April 18, 2018 Meeting REQUEST: Consent Information Public Hearin Regular X The Community Development Department — Urban Beautification Division Requests That The Tuscawilla Lighting And Beautification District Advisory Committee Receive And Discuss Information Regarding Landscaping At The South Fountain Area And At The Intersection Of Tuscora Drive And Winter Springs Boulevard. ATTACHMENTS(S): A. South Fountain Area Landscape and Irrigation Master Plan — Draft Proposal from Brightview for Discussion DRAFT TLBD landscaping masterplan for southern fountain area • Total tree removal/clearing cost=$21,801.25 • Total cost for installation of new trees/landscaping/mulch=$37,773.74 • Total irrigation install cost=$11,495.91 • Total annual mulch cost for all four phases (first year cost included in the install price)=$2,925 • Total annual maintenance cost for all four phases=$1,200 • Total cost for 4 phase installation=$71,070.90 • Ongoing annual maintenance cost for all 4 phases=$4,125 o Phase 1-$13,585.34 ■ Tree work -None ■ Landscaping -$9,680.12 ■ Irrigation=$2,873.97 ■ Maintenance=$300 o Phase 2-$18,738.34 ■ Tree work -$7,764 ■ Landscaping -$7,069.12 ■ Irrigation=$2,873.97 ■ Maintenance=$300 o Phase 3-$21,642.04 ■ Tree work=$7,018.62 ■ Landscaping -$10,718.20 ■ Irrigation=$2,873.97 ■ Maintenance=$300 o Phase 4-$21,230.14 ■ Tree work=$7,018.62 ■ Landscaping -$10,306.30 ■ Irrigation=$2,873.97 ■ Maintenance=$300 BrightView City of Winter Springs Winter Springs, FL (Tuskawilla Road, Option 1 � Landscape Enhancement Proposal BrightView . February 13, 2018 Tuscawilla Lighting & Beautifying 1126 East State Road 434 Winter Springs, FL 32708 Landscape Enhancement Proposal for City of Winter Springs / Tuskawilla road Dear Stephanie Monica, Thank you for the opportunity to present you with a landscape enhancement proposal for your property. We hereby propose to furnish in the utmost professional manner, all necessary labor and materials to perform the following work, as per BrightView Landscape Maintenance scope of work & specifications noted in the following pages. BrightView Landscape Maintenance's main objective is to exceed our customer's expectations and greatly enhance the aesthetic appeal of your property. This Landscape Enhancement Proposal Includes Services For the Following: Landscape demolition of materials not to remain for the proposed design Installation of materials noted in the following pages (i.e. plants, mulch, sod etc.) Irrigation Fees associated with mobilization, delivery & disposal of materials. A post planting fertilizer application for all new plantings. BrightView Page 1 4777 Old Winter Garden Road, Orlando, FL 32811 Legend Work Area Map BrightView Page 2 4777 Old Winter Garden Road, Orlando, FL 32811 E)C65tI, v� Example of Proposed Enhancement BrightView Page 3 4777 Old Winter Garden Road, Orlando, FL 32811 WN + Remove Existing Sabal Palm f Add Eastern Red Cedars Taj -__ .may �.._ ___ _ _ ~ • r 4. � ,.�y`. _ �� _ . { ,i ..,. � •� fir► - � - tY . r' -r Variegated Shell Ginger x;, Variegated Arboricola + S �� '. •'�' yYi�F%� �` _ ', Via_ •y - k'.- BritjhtView ..moi , ��.r_: Y. w-We�... a ,� a3,} �.� ..:�'! _ r'.i�' �, sw1Y r -.. �s � •M/ . #M ' Example of Proposed Enhancement BrightView Page 5 4777 Old Winter Garden Road, Orlando, FL 32811 l February 14, 2018 BrightView L Page 1 of 3 Landscape Services Proposal for Extra Work at Tuscawilla Lighting and Beauti Property Name Tuscawilla Lighting and Beauti Contact Stephanie Monica Property Address District Maintenance Winter To Winter Springs City of Springs & Tuskawilla Road Winter Springs , FL 32708 Billing Address Urban Beautification Manager 1126 East State Rd 434 Winter Springs , FL 32708 Project Name Tuscawilla Country Club Tuskawilla Road Fence Screening (Option 1 Trees Set Every 8 Feet) Project Description Remove Existing Landscape, Add New Plants & Materials Scope of Work QTY UoM/Size Material/Description Total .............................................................................................................................................................................................................................................................................. Phase 1 (First 250 Feet) $9,680.12 93.00 EACH Variegated Arboricola - 3 Gal. 65.00 EACH Dwarf Fakahatchee Grass - 3 Gal. 49.00 EACH Variegated Shell Ginger - 3 Gal. 14.00 EACH Eastern Red Cedar - 30 Gal. 16.00 CUBIC YARD Mulch - Mini Pine Bark 19.00 HOUR Enhancement Crew / Demo / Prep 1.00 LUMP SUM Dump Fee 1.00 LUMP SUM Delivery Phase 2 (260 Feet) $7,069.12 49.00 EACH Variegated Shell Ginger - 3 Gal. 14.00 EACH Eastern Red Cedar - 30 Gal. 17.00 CUBIC YARD Mulch - Mini Pine Bark 12.00 HOUR Enhancement Crew / Prep 1.00 LUMP SUM Dump Fee 1.00 LUMP SUM Delivery Phase 3 (260 Feet) $10,718.20 28.00 EACH Eastern Red Cedar - 30 Gal. 17.00 CUBIC YARD Mulch - Mini Pine Bark 12.00 HOUR Enhancement Crew / Prep 1.00 LUMP SUM Dump Fee 1.00 LUMP SUM Delivery Phase 4 (210 Feet) $10,306.30 27.00 EACH Eastern Red Cedar - 30 Gal. 15.00 CUBIC YARD Mulch - Mini Pine Bark THIS IS NOT AN INVOICE This proposal is valid for 60 days unless otherwise approved by BrightView Landscape Services, Inc. 4777 Old Winter Garden Road, Orlando, FL 32811 ph. (407) 292-9600 fax (407) 291-4966 BrightView Landscape Services Proposal for Extra Work at Tuscawilla Lighting and Beauti 12.00 HOUR Enhancement Crew / Prep 1.00 LUMP SUM Dump Fee 1.00 LUMP SUM Delivery Clearing & Stump Removals for Phase 2 Northern section, Removal operations of shrubbery & 1.00 LUMP SUM trees located within site. Resulting stumps shall be flush cut as close to current grade level as possible. 1.00 LUMP SUM grinding of resulting tree and shrubbery stumps, 6 to 8 inches below current grade level, with hole backfilled. Clearing & Stump Removals for Phase 3 & 4 Southern section, Removal operations of shrubbery & 1.00 LUMP SUM trees located within site. Resulting stumps shall be flush cut as close to current grade level as possible. 1.00 LUMP SUM grinding of resulting tree and shrubbery stumps, 6 to 8 inches below current grade level, with hole backfilled. 1. Mulch is Only for New Planted Areas **** 2. NO Irrigation In this Proposal, Will Come Separately*** For internal use only SO# 6556379 JOB# 460400196 Service Line 130 Total Price THIS IS NOT AN INVOICE This proposal is valid for 60 days unless otherwise approved by BrightView Landscape Services, Inc. 4777 Old Winter Garden Road, Orlando, FL 32811 ph. (407) 292-9600 fax (407) 291-4966 February 14, 2018 Page 2 of 3 $7,764.00 $14,037.26 $59,574.99 TERMS & CONDITIONS 1. The Contractor shall recognize and perform in accordance with written terms, written specihcatians and drawmas only, contained or referred to herein. All materials shall conform to bid specifications. 2. Work Force: Contractor shell designate a qualified representative With experience in landscape maintenanc&construc9an upgrades or when applicable In tree management The workforce shall be competent and qualified, and shall be legally authorized to work on the U.S 3, License and Permits: Contractor shall maintain a Landscape Contractors license, If requited by State or local law, and will comply 'Meth all other license and permit requirements V the City. State and Federal Govarriments, as well as all other requirements of law. 4, Taxes: Contractor agrees to pay all applicable taxes, intruding sales tax where applicable on material supplied. a. Insurance: Contractor agrees to provide General Liability Insurance, Automotive Liability insurance, Worker's Compensation Insurance_ and any other insurance required by law or Client/ Owner, as specified in vorting prior to commencement of work If not specified, Contractor will fumish insurance with $1 ODD.OW Limit of Hetliily. e. Liability: Contractor shall indemnify the Client/Owner and its agents and employees from and against any third party liabilities that arise out of Contractor's work to the extent such liabilities are o(Audicated to have been caused by Contractors negligence or willful misconduct. Contractor shall not be liable for any damage that occurs from Acts of Gad are defined as those caused by windstorm, hail, fire, flood. earthquake. hurricane and freezing. etc Under these aircumstarc is. Contractor shall have the Fight to renegotiate the terms and prides of this agreement within sixty (80) days Any illegal trespass, claims and/or damages resulting from work requested that is not on property owned by Client/Owner or not under ClianVOwner management and control shall be the sole responsibility of the Client/Crmer 7, Subountraetom Contraetar re9ery9° the right to hire qualified subcontractors to perform specialized Functions or work requiring specialized equipment 8. Additional Services: Any additlonal work not shown in the above specifications involving extra costs will be executed only upon signed written orders, and will become an extra charge oyer and above the estimate. 9. Access to Jobsita: Client/Owner shall proVide all utilities to perform the work. Client/Omer shall furnish access to all parts of johsite where Contractor is to perform work as required by the Contract or other fundlons related thereto, duping normal business hours and other reasonable periods of time. Contractor will perform the vmik as reasonably practical after the owner ma Kea the site available for performance of the work tor. Invoicing: ClientrOwner shall make payment to Contractor within fifteen (15) days upon receipt of invoice. In the event the schedule for the completion of the work shall require more than thirty 190) days, a progress bill will be presented by month and and shall be paid wilt" fifteen (15) days upon reoaipt of Invoice 11_ Termination: This Work Order may be terminated by the either party with or Wlhout cause, upon seven (7) work days advance written notice. Cllentx)wner will be required to pay for all materials purchased and work competed to the date oftermination and reasonable charges incurred in demobilizing 12. Assignment: The Owner/Client and the Contractor respectively. bind themselves, their partners, successors. assignees and legal reprasentative to the other party with respect to all covenants of this Agreement. Norther the OwneriCllent nor the Contractor shall assign or transfer any interest in this Agreement without the written consent of the other provided, however, that consent shall not be required to assign this Agreement to any company which controls, is controlled by, or is under common control with Contractor or In connection with assignment to an affiliate or pursuant to a merger, sale of all or substantially all of its assets or equity securities. consolidation, change of control or corporate reorganization 13. Disclaimer. This proposal was estimated and priced based upon a site visit arta visual impedilon from ground level using ordinary means, at or about the time this proposal was prepared. The price quoted in thin proposal for the work described, is the result of that ground level visual inspection and therefore our company will not be liable for any additional casts or damages for additional work not described herein. of liable for any incidenWamiderde resulting from conditions, that were not ascertainable by said ground level visual inspection by ordinary means at the time said inspection was performed Contractor cannot be held raspertaible for unknown or otherwise hidden defects. Any corrective work proposed harem cannotguarantee exact results Professional engineering, architectural, andfor landscape design seances ("Design Services') are not included in this Agreement and shall not be provided by the Contractor. Any design defects in the Contract Documents are the sale rospansibliny of the Owner. If the Cllent/Owner must engage a licensed engineer. architect andror landscape design professional. any costs concerning these Design Services are to be paid by the Ckient/Owner drectly to the designer involved. February 14, 2018 Page 3 of 3 14, Canr ollation. Notice of Cancellatlan Of yolk must be rereved in writing before the craw is dispatched to their location or ClientlOwnerwill be liable for a minimum travel charge of $150.00 and billed to CliertVOwner. The Following sections shall apply where Contractor provides Customer with tree care services: 15, Tree & Stump Removal. Trees removed will be rut as close to the ground as passible based on conditions to or next to the bottom of the tree trunk Additional charges will he levied for unseen hazards such as, but not limited to concrete brick. filled trunks, metal rods, etc. If requested mechanical gnnding of visible free stump will be done to a defined width and depth berow ground level at an additional charge to the CliehVOwner. Defined backfill and landscape material may be specified. ClienVOwner shall be responsible for contacting Underground Service Alen to locate underground utility lines prior to start of work. Contracfer is net responsible damage done to underground utilities such as but not limited to. cables, wires, pipes, and irrigation parts. Contractor will repair damaged irrigation lines at the ClientrOwner s eXpense. 18_ Waiver of Liability' Requests for crown thinning In excess of Mrertly-five percent (25%) or work not in accordance with ISA (international Society of Arbericutural) standards volt require a signed waiver of liability. Acceptance of thisConliaut Contractor s authorized to perform the work stated on the race of this Contract. Payment will be 10054 due at time of billing if payment has not bean received by BnghtMew within Afton on (15) days after billing, BrightView shall be entitled to all costs of collection, Including reasonable attorneys' fees and It shall be relieved of any obligation to dontinue performance under this. of any otner Contract with ClianVOwner Interest at a per annum rate of 1.5% per month (1891 per year), or the hlghast rate permitted by law, may be charged on unpaid balance 30 days ager billing. NOTICE. FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED MRK ON CONSTRUCTION JOBS MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO YOUR PROPERTY customer Urban Beautification Manager Stephanie Monica February 14, 7018 R> m Nemo Dere BrightView Landscape Services, Ina. "BrightView" Associate Account Manager 5 gturwe I r,ie Ornar Lopez February 14, 2018 1..hi.d N.— 1 -Mt, Job #: 460400196 Proposed Price. $59,574,99 SO # 6556379 Special Conditions and Exclusions: The following items noted below are provided by BrightView Landscape Maintenance, for the sole purpose of providing our customer with concise and definitive guidelines in regards to the proposed scope of work described in the aforementioned proposal for this project. BrightView is not responsible for the civil engineering of the site. BrightView Landscape Maintenance will not be held responsible for plant material decline and/or death due to the following: acts of God, vandalism, or any other reason beyond our control. BrightView Landscape Maintenance will warranty all perennial plant material as follows: (90) days from the time of installation without a maintenance contract, (1) year with a maintenance contract. BrightView Landscape Maintenance will warranty all new irrigation, in regards to material quality and workmanship as follows: (90) days from the time of installation without a maintenance contract, (1) year with a maintenance contract Client will be responsible for locating all private utilities, of which may need to be relocated, prior to digging. BrightView Landscape Maintenance will not be responsible for any damage to private utilities that have not been located. BrightView Landscape Maintenance will be responsible for all public underground utility locates, prior to digging. BrightView Landscape Maintenance will not guarantee the survivability for any transplanted plant material. The digital images provided represent the plantings @ 1-2 years maturity and do not represent the plantings after the initial installation. The prices stated are valid for (60) days from the date of the proposal and are subject to change after (60) days. This proposal does not include any necessary permitting processes and or fees that may or may not be required for this project and will be determined at the time of proposal acceptance. BrightView will be responsible for Irrigation Repairs, for any damage, of which may occur as a result of plant installation. The irrigation Retro -Fit pricing stated in this proposal is presented as a budgetary allowance only and are based upon the existing system having sufficient pressure & volume to accommodate the new plantings. Any mainline, lateral supply lines, new valves, wire and or Controllers which may be necessary to provide sufficient coverage, if not already present is not included in the proposal. BrightView 4777 Old Winter Garden Road, Orlando, FL 32811 Brig htView I� Landscape Services Proposal for Extra Work at Tuscawilla Lighting and Beauti February 28, 2018 Page 1 of 2 Property Name Tuscawilla Lighting and Beauti Contact Stephanie Monica Property Address District Maintenance Winter To Winter Springs City of Springs & Tuskawilla Road Winter Springs , FL 32708 Billing Address Urban Beautification Manager 1126 East State Rd 434 Winter Springs , FL 32708 Project Name Tuscawilla Project Description Install 3 zones and add main line to irrigate new plant material and trees. Scope of Work QTY UoM/Size Material/Description Unit Price Total .............................................................................................................................................................................................................................................................................. 1.00 EACH 500 ft of 2" main line $1,800.00 $1,800.00 150.00 EACH 1/2 gallon bubblers $1.75 $263.00 3.00 EACH 2" PEB Rain Bird Valves $211.00 $633.00 25.00 EACH 12" Rain Bird pop ups $14.11 $352.75 3.00 EACH 2" Nipples sch 80 $11.33 $34.00 3.00 EACH 10" Round Box $12.30 $36.90 175.00 EACH 1/2 street elbow $.62 $109.01 25.00 EACH Nozzles $1.29 $32.25 3.00 EACH NODES Battery Operating Controllers $192.00 $576.00 1.00 EACH 1200 ft of lateral line pipe, fittings, splice kits, etc. $2,160.00 $2,160.00 2.00 EACH 1/2 k flex $105.50 $211.00 1.00 EACH Trencher for a day. $263.00 $263.00 20.00 EACH Labor for 2 days two techs $110.00 $2,200.00 5.00 EACH Labor for 1 tech 1/2 day $65.00 $325.00 For internal use only SO# 6569482 JOB# 460400196 Service Line 150 Total Price $8,995.91 THIS IS NOT AN INVOICE This proposal is valid for 60 days unless otherwise approved by BrightView Landscape Services, Inc. 4777 Old Winter Garden Road, Orlando, FL 32811 ph. (407) 292-9600 fax (407) 291-4966 TERMS & CONDITIONS 1. The Contractor shall recognize and perform in accordance with written terms, written specifications and drawings only, contained or referred to herein. All materials shall conform to bid specifications. 2. Work Force: Contractor shall designate a qualified representative with experience in landscape maintenance/construction upgrades or when applicable in tree management. The workforce shall be competent and qualified, and shall be legally authorized to work in the U.S. 3. License and Permits: Contractor shall maintain a Landscape Contractor's license, if required by State or local law, and will comply with all other license and permit requirements of the City, State and Federal Governments, as well as all other requirements of law. 4. Taxes: Contractor agrees to pay all applicable taxes, including sales tax where applicable on material supplied. 5. Insurance: Contractor agrees to provide General Liability Insurance, Automotive Liability Insurance, Worker's Compensation Insurance, and any other insurance required by law or Client/ Owner, as specified in writing prior to commencement of work. If not specified, Contractor will furnish insurance with $1,000,000 limit of liability. 6. Liability: Contractor shall indemnify the ClienVOwner and its agents and employees from and against any third party liabilities that arise out of Contractor's work to the extent such liabilities are adjudicated to have been caused by Contractor's negligence or willful misconduct. Contractor shall not be liable for any damage that occurs from Acts of God are defined as those caused by windstorm, hail, fire, flood, earthquake, hurricane and freezing, etc. Under these circumstances, Contractor shall have the right to renegotiate the terms and prices of this agreement within sixty (60) days. Any illegal trespass, claims and/or damages resulting from work requested that is not on property owned by Client/Owner or not under Client/Owner management and control shall be the sole responsibility of the ClienVOwner. 7. Subcontractors: Contractor reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment. 8. Additional Services: Any additional work not shown in the above specifications involving extra costs will be executed only upon signed written orders, and will become an extra charge over and above the estimate. 9. Access to Jobsite: Client/Owner shall provide all utilities to perform the work. Client/Owner shall furnish access to all parts of jobsite where Contractor is to perform work as required by the Contract or other functions related thereto, during normal business hours and other reasonable periods of time. Contractor will perform the work as reasonably practical after the owner makes the site available for performance of the work. 10. Invoicing: Client/Owner shall make payment to Contractor within fifteen (15) days upon receipt of invoice. In the event the schedule for the completion of the work shall require more than thirty (30) days, a progress bill will be presented by month end and shall be paid within fifteen (15) days upon receipt of invoice. 11. Termination: This Work Order may be terminated by the either party with or without cause, upon seven (7) work days advance written notice. Client/Owner will be required to pay for all materials purchased and work completed to the date of termination and reasonable charges incurred in demobilizing. 12. Assignment: The Owner/Client and the Contractor respectively, bind themselves, their partners, successors, assignees and legal representative to the other party with respect to all covenants of this Agreement. Neither the Owner/Client nor the Contractor shall assign or transfer any interest in this Agreement without the written consent of the other provided, however, that consent shall not be required to assign this Agreement to any company which controls, is controlled by, or is under common control with Contractor or in connection with assignment to an affiliate or pursuant to a merger, sale of all or substantially all of its assets or equity securities, consolidation, change of control or corporate reorganization. 13. Disclaimer: This proposal was estimated and priced based upon a site visit and visual inspection from ground level using ordinary means, at or about the time this proposal was prepared. The price quoted in this proposal for the work described, is the result of that ground level visual inspection and therefore our company will not be liable for any additional costs or damages for additional work not described herein, or liable for any incidents/accidents resulting from conditions, that were not ascertainable by said ground level visual inspection by ordinary means at the time said inspection was performed. Contractor cannot be held responsible for unknown or otherwise hidden defects. Any corrective work proposed herein cannot guarantee exact results. Professional engineering, architectural, and/or landscape design services ("Design Services") are not included in this Agreement and shall not be provided by the Contractor. Any design defects in the Contract Documents are the sole responsibility of the Owner. If the ClienVOwner must engage a licensed engineer, architect and/or landscape design professional, any costs concerning these Design Services are to be paid by the Client/Owner directly to the designer involved. February 28, 2018 Page 2 of 2 14. Cancellation: Notice of Cancellation of work must be received in writing before the crew is dispatched to their location or Client/Owner will be liable for a minimum travel charge of $150.00 and billed to Client/Owner. The following sections shall apply where Contractor provides Customer with tree care services: 15. Tree & Stump Removal: Trees removed will be cut as close to the ground as possible based on conditions to or next to the bottom of the tree trunk. Additional charges will be levied for unseen hazards such as, but not limited to concrete brick filled trunks, metal rods, etc. If requested mechanical grinding of visible tree stump will be done to a defined width and depth below ground level at an additional charge to the Client/Owner. Defined backfill and landscape material may be specified. Client/Owner shall be responsible for contacting Underground Service Alert to locate underground utility lines prior to start of work. Contractor is not responsible damage done to underground utilities such as but not limited to, cables, wires, pipes, and irrigation parts. Contractor will repair damaged irrigation lines at the Client/Owner's expense. 16. Waiver of Liability: Requests for crown thinning in excess of twenty-five percent (25%) or work not in accordance with ISA (international Society of Arboricultural) standards will require a signed waiver of liability. Acceptance of this Contract Contractor is authorized to perform the work stated on the face of this Contract. Payment will be 100% due at time of billing. If payment has not been received by BrightView within fifteen (15) days after billing, BrightView shall be entitled to all costs of collection, including reasonable attorneys' fees and it shall be relieved of any obligation to continue performance under this or any other Contract with Client/Owner. Interest at a per annum rate of 1.5% per month (18% per year), or the highest rate permitted by law, may be charged on unpaid balance 30 days after billing. NOTICE: FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON CONSTRUCTION JOBS, MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO YOUR PROPERTY Customer Urban Beautification Manager Signature Title Stephanie Monica February 28, 2018 Pdnted Name Date BrightView Landscape Services, Inc. "BrightView" Irrigation Manager Signature Title Eric Javier Cedeno February 28, 2018 Printed Name Data Job #: 460400196 Proposed Price: $8,995.91 SO # 6569482 `, February 28, 2018 BrightView ieW Page 1 of 2 7 Landscape Services Proposal for Extra Work at Tuscawilla Lighting and Beauti Property Name Tuscawilla Lighting and Beauti Contact Stephanie Monica Property Address District Maintenance Winter To Winter Springs City of Springs & Tuskawilla Road Winter Springs , FL 32708 Billing Address Urban Beautification Manager 1126 East State Rd 434 Winter Springs , FL 32708 Project Name Tuscawilla Project Description Add rotor zone for the Bahia Grass by the fence line close to the entrance of Winter Springs Blvd. Scope of Work QTY UoM/Size Material/Description Unit Price Total .............................................................................................................................................................................................................................................................................. 1.00 EACH Materials 2" valve, fittings, 10 Rain Bird rotors, 10" round $850.00 $850.00 box, 1 Node, pipe, etc. 15.00 EACH Labor 2 techs 15 hours $110.00 $1,650.00 For internal use only SO# 6569559 JOB# 460400196 Service Line 150 Total Price THIS IS NOT AN INVOICE This proposal is valid for 60 days unless otherwise approved by BrightView Landscape Services, Inc. 4777 Old Winter Garden Road, Orlando, FL 32811 ph. (407) 292-9600 fax (407) 291-4966 $2,500.00 TERMS & CONDITIONS 1. The Contractor shall recognize and perform in accordance with written terms, written specifications and drawings only, contained or referred to herein. All materials shall conform to bid specifications. 2. Work Force: Contractor shall designate a qualified representative with experience in landscape maintenance/construction upgrades or when applicable in tree management. The workforce shall be competent and qualified, and shall be legally authorized to work in the U.S. 3. License and Permits: Contractor shall maintain a Landscape Contractor's license, if required by State or local law, and will comply with all other license and permit requirements of the City, State and Federal Governments, as well as all other requirements of law. 4. Taxes: Contractor agrees to pay all applicable taxes, including sales tax where applicable on material supplied. 5. Insurance: Contractor agrees to provide General Liability Insurance, Automotive Liability Insurance, Worker's Compensation Insurance, and any other insurance required by law or Client/ Owner, as specified in writing prior to commencement of work. If not specified, Contractor will furnish insurance with $1,000,000 limit of liability. 6. Liability: Contractor shall indemnify the ClienVOwner and its agents and employees from and against any third party liabilities that arise out of Contractor's work to the extent such liabilities are adjudicated to have been caused by Contractor's negligence or willful misconduct. Contractor shall not be liable for any damage that occurs from Acts of God are defined as those caused by windstorm, hail, fire, flood, earthquake, hurricane and freezing, etc. Under these circumstances, Contractor shall have the right to renegotiate the terms and prices of this agreement within sixty (60) days. Any illegal trespass, claims and/or damages resulting from work requested that is not on property owned by Client/Owner or not under Client/Owner management and control shall be the sole responsibility of the ClienVOwner. 7. Subcontractors: Contractor reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment. 8. Additional Services: Any additional work not shown in the above specifications involving extra costs will be executed only upon signed written orders, and will become an extra charge over and above the estimate. 9. Access to Jobsite: Client/Owner shall provide all utilities to perform the work. Client/Owner shall furnish access to all parts of jobsite where Contractor is to perform work as required by the Contract or other functions related thereto, during normal business hours and other reasonable periods of time. Contractor will perform the work as reasonably practical after the owner makes the site available for performance of the work. 10. Invoicing: Client/Owner shall make payment to Contractor within fifteen (15) days upon receipt of invoice. In the event the schedule for the completion of the work shall require more than thirty (30) days, a progress bill will be presented by month end and shall be paid within fifteen (15) days upon receipt of invoice. 11. Termination: This Work Order may be terminated by the either party with or without cause, upon seven (7) work days advance written notice. Client/Owner will be required to pay for all materials purchased and work completed to the date of termination and reasonable charges incurred in demobilizing. 12. Assignment: The Owner/Client and the Contractor respectively, bind themselves, their partners, successors, assignees and legal representative to the other party with respect to all covenants of this Agreement. Neither the Owner/Client nor the Contractor shall assign or transfer any interest in this Agreement without the written consent of the other provided, however, that consent shall not be required to assign this Agreement to any company which controls, is controlled by, or is under common control with Contractor or in connection with assignment to an affiliate or pursuant to a merger, sale of all or substantially all of its assets or equity securities, consolidation, change of control or corporate reorganization. 13. Disclaimer: This proposal was estimated and priced based upon a site visit and visual inspection from ground level using ordinary means, at or about the time this proposal was prepared. The price quoted in this proposal for the work described, is the result of that ground level visual inspection and therefore our company will not be liable for any additional costs or damages for additional work not described herein, or liable for any incidents/accidents resulting from conditions, that were not ascertainable by said ground level visual inspection by ordinary means at the time said inspection was performed. Contractor cannot be held responsible for unknown or otherwise hidden defects. Any corrective work proposed herein cannot guarantee exact results. Professional engineering, architectural, and/or landscape design services ("Design Services") are not included in this Agreement and shall not be provided by the Contractor. Any design defects in the Contract Documents are the sole responsibility of the Owner. If the ClienVOwner must engage a licensed engineer, architect and/or landscape design professional, any costs concerning these Design Services are to be paid by the Client/Owner directly to the designer involved. February 28, 2018 Page 2 of 2 14. Cancellation: Notice of Cancellation of work must be received in writing before the crew is dispatched to their location or Client/Owner will be liable for a minimum travel charge of $150.00 and billed to Client/Owner. The following sections shall apply where Contractor provides Customer with tree care services: 15. Tree & Stump Removal: Trees removed will be cut as close to the ground as possible based on conditions to or next to the bottom of the tree trunk. Additional charges will be levied for unseen hazards such as, but not limited to concrete brick filled trunks, metal rods, etc. If requested mechanical grinding of visible tree stump will be done to a defined width and depth below ground level at an additional charge to the Client/Owner. Defined backfill and landscape material may be specified. Client/Owner shall be responsible for contacting Underground Service Alert to locate underground utility lines prior to start of work. Contractor is not responsible damage done to underground utilities such as but not limited to, cables, wires, pipes, and irrigation parts. Contractor will repair damaged irrigation lines at the Client/Owner's expense. 16. Waiver of Liability: Requests for crown thinning in excess of twenty-five percent (25%) or work not in accordance with ISA (international Society of Arboricultural) standards will require a signed waiver of liability. Acceptance of this Contract Contractor is authorized to perform the work stated on the face of this Contract. Payment will be 100% due at time of billing. If payment has not been received by BrightView within fifteen (15) days after billing, BrightView shall be entitled to all costs of collection, including reasonable attorneys' fees and it shall be relieved of any obligation to continue performance under this or any other Contract with Client/Owner. Interest at a per annum rate of 1.5% per month (18% per year), or the highest rate permitted by law, may be charged on unpaid balance 30 days after billing. NOTICE: FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON CONSTRUCTION JOBS, MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO YOUR PROPERTY Customer Urban Beautification Manager Signature Title Stephanie Monica February 28, 2018 Pdnted Name Date BrightView Landscape Services, Inc. "BrightView" Irrigation Manager Signature Title Eric Javier Cedeno February 28, 2018 Printed Name Data Job #: 460400196 Proposed Price: $2,500.00 SO # 6569559