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Res No 112-18-15145RESOLUTION NO. 112-18-15145 A Resolution authorizing the City Manager to execute a contract with M&M Landscape Inc. for the South Miami (SoMi) Tree Planting Project as per the Neat Street Grant agreement with Miami-Dade County in an amount not to exceed $10,800. WHEREAS, Miami-Dade County, by and through its Office of Neat Streets Miami, has awarded the City a grant in an amount of $5,400. The grant will provide funding for the South Miami (SoMi) Tree Planting Project which will allow the City to plant twenty-four (24) trees; and WHEREAS, on June 18th , the City's Procurement Department received four (4) quotes in response to a Solicitation; and WHEREAS, the lowest bid to execute the project was from M&M Landscape Inc. in an amount of$10,800; and WHEREAS, the final contract amount will not exceed $10,800 for the purchase, planting and maintenance for three (3) months; and WHEREAS, the City will contribute up to $5,400 from the Tree Trust Fund, which will match the County's grant; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute the contract with M&M Landscape Inc. for an amount not to exceed $10,800 for the City of South Miami SoMi Tree Planting Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to execute the contract with M&M Landscape Inc. for an amount not to exceed $10,800 for the City of South Miami SoMi Tree Planting Project. A copy of the received quotes and the Grant Agreement are attached to this resolution. Section 2: Severability. If any section, clause, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the legitimacy of the remaining portions of this resolution. Section 3: This resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this 19 th day of June, 2018. 1 Res. No. 112-18-15145 COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Gill: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea 2 City Commission Agenda Item Report Meeting Date: June 19, 2018 Submitted by: Angelica Bueno Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: ADD-ON ITEM(S) Subject: Agenda Item No:Bb. A Resolution authorizing the City Manager to execute a contract with M&M Landscape Inc. for the South Miami (SoMi) Tree Planting Project as per the Neat Street Grant agreement with Miami-Dade County in an amount not to exceed $10,800. 3/5 (City Manager-Grants) Suggested Action: Attachments: 02_Memo-M&M Inc Contract .docx Grant Agreement.pdf Solicitation.pdf 1 .t'7:·~'~~ SouihlJiami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING To: FROM: VIA: DATE: SUBJECT: BACKGROUND: VENDOR: CONTRACT AMOUNT: GRANT AMOUNT: MATCH AMOUNT: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Angelica Bueno, Planning & Sustainability Administrator June 19, 2018 Agenda Item No.: __ A Resolution authorizing the City Manager to execute a contract with M&M Landscape Inc. for the South Miami (SoMi) Tree Planting Project as per the Neat Street Grant agreement with Miami-Dade County in an amount not to exceed $10,800. Miami-Dade County, through its Office of Neat Streets Miami, awarded the City of South Miami a grant of $5,400 for the SoMi Tree Planting Project. The City would contribute a $5,400 match and plant twenty-four (24) trees of a variety of species. On June 11, 2018, the City publicly requested purchase, planting and maintenance price quotes for the project. On June 18t~, 2018, four proposals were received. The results showed that M&M Landscape Inc. was the lowest bid, with a proposed cost of $10,800. The final contract amount will not exceed $10,800. See chart below. M&M Landscape Inc.: AMOUNT TYPE OF TREE UNIT PRICE TOTAL 8 PIGEON PLUM 12 FEET $450 $3,600 8 DAHOON HoLLY 12 FEET $450 $3,600 8 CRAPE MYRTLE $450 $3,600 24 TOTAL $10,800 M&M Landscape Inc. $10,800 $5,400 $5,400 MATCH ACCOUNT No.: City's Tree Trust Fund 118-1750-519-3450 with a balance of $24,220 ATTACHMENTS: Resolution, M&M Landscape Inc., three additional quotes, MDC Grant Agreement. 2 Miami-Dade County Parks, Recreation, and Open Spaces Department STREET TREE MATCHING GRANT PROGRAM TREE PLANTING AGREEMENT Grantee: City of South Miami Amount: $5,500 Grant Description: To plant trees with municipalities and organizations on Miami-Dade's corridors as part of our efforts to reach the Million Trees Miami goal of planting 1 million trees and reaching a 30% tree canopy by 2020. This Agreement (the "Agreement"), made and entered into this __ day of , 20_, by and between City of South Miami (the "Grantee") and Miami-Dade County (the "County"), hereinafter called the "County" through its Parks, Recreation, Open Spaces Department (the "Department"). The County and Grantee have agreed to partner on the implementation of SoMi Tree Planting (project name) to be completed by July 27,2018 RECITALS WHEREAS, the County desires to increase the tree canopy in Miami-Dade County and to reach the Million Trees Miami goal of planting 1 million trees and a 30% tree canopy by 2020; and WHEREAS, the County has provided a subaccount to the tree trust fund for the procurement of street trees along county and local roads and of this amount $ $5,500 (the "Grant Funds") will be provided to the Grantee on the terms and conditions set forth in this Agreement; and WHEREAS, the Grantee wishes to undertake such activities provided in the scope of work in Exhi bit A of this Agreement; and WHEREAS, the Grantee is responsible for the maintenance of the street trees after completion of the project; and NOW, THEREFORE, the County and Grantee agree as follows: 1 5 TERMS AND CONDITIONS OF AGREEMENT A. Requirements for approval of Grant Award Agreement: As a prerequisite to its receipt of the Grant Funds, the Grantee shall meet the requirements set forth below to the County's satisfaction. Requirements for this grant are listed below. 1. Timeline: The following grant project start date, end date and reporting dates must be adhered to. Start date: Contract Execution Date End date: July 27. 2018 Final report date: August 10. 2018 2. Scope of Work: It is mutually agreed and understood that the scope of work shall be as provided in Exhibit A (Grant Application Package). 3. Budget: It is mutually agreed and understood that the project costs shall be as provided in Exhjbit A (Grant Application Package). The match amount has to equal or exceed the grant amount. If matching requirement will be met through the provision of in-kind service, the County shall approve the value or cost or the in-kind services to be provided to fulfill the matching requirements. Match must remain the same or exceed the percent referenced in the original application. 4. Promotions: The grantee will agree to prepare a draft of a Press Release which describes its project and acknowledges Neat Streets Miami and Million Trees Miami, which shall be subject to the County's approval in advance of publication. The County shall also be acknowledged in any subsequent media releases or in any printed, website, social media or other communication materials related to the pr~ject. Copies of any other publicity as well as copies of any major work products generated in connection with this grant shall be forwarded to the County for review. Miami-Dade County, Million Trees Miami and Neat Streets Miami logos should be included in all printed materials. Please include the following copy in the Press Release: About Million Trees Miami and Neat Streets Miami Launched by Neat Streets Miami, the Million Trees Miami Campaign is a community- wide effort to plant one million trees by 2020 in order to achieve a 30 percent tree canopy cover for Miami-Dade County. Neat Streets Miami is a multi-jurisdictional county board dedicated to the maintenance and beautification of transportation corridors, gateways and connections. 5. Conditions and Contingencies: The Grantee agrees that the Grant Funds will be used only for the purpose as stated in this Agreement, as described in the Scope of Work and with no substantial variance to the approved Budget (See Exhibit A) unless prior approval in writing is obtained from the County. The Grantee certifies that the grantee organization operates under a tax-exempt status. If grantee determines that Grant Funds cannot be expended by July 27. 2018 (end date), the grantee must notify liaison immediately and no later than,--:!.Ju!:!2n~e"",,2:::9:!.o.~2~0~1~8~ _____ , 2 6 B. Additional Requirements due throughout the funding period: 1. Reporting: Final Report must be submitted electronically by August 10, 2018 . Refer to Exhibit B for reporting guidelines. 2. Data Tracking: All trees planted must be mapped according to County specifications. 3. Organizational Status Changes: The Grantee must notify the County liaison within two weeks of changes in organizational status, including but not limited to: key personnel such as senior or project staff, organizational name, tax status, and organizational address. 4. Other Organizational Changes: The Grantee will notify the County's liaison of any organizational changes, such as new address or contact information C. Indemnification of County Subject to the limitations on liability set forth in Section 768.28, Florida Statues (to the extent the entity is a State or local government), the Grantee agrees to indemnify, save, and hold the County harmless from all liability, loss, cost, and expense, including attorneys' fees and court costs at all trial and appellate levels, which may be sustained by the County, to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property, whether or not due to or caused by the negligence of the Grantee, arising from or in connection with the Grantee's (or its employees, agents, contractors, subcontractors, licensees, or invitees) installation and/or maintenance of trees on County property or in the County right-of-way. The Grantee agrees to defend, at its sole cost and expense, but at no cost and expense to the County, any and all suits or actions instituted against the County for the imposition of such liability, loss, cost, and expense arising from or in connection with the Grantee's (or its employees, agents, contractors, subcontractors, licensees, or invitees) installation and/or maintenance of trees on County property or in the County right-of-way. Primary Grant Contract: Provide the information below for the primary contact person for this grant. This is the person to whom all correspondence will be directed. Name: p,~\:~ 1\to..()'C,) Title: ~\o..~"":.(y!\ <;.,,~~\'" ""k\~. Mailing Address: Lt, 5"1) ~W\\~ City, State, Zip: 9::.~~\ .. J .. A .. ' I \=- Phone: ~o-s--lP (p~ -2-~\ C) Email: 01. bv e..Y\.\.) B<;;:;:)&, ~~k.,.:..f-l.~v Website: ______________ _ 3 7 IN WITNESS WHEREOF, the parties hereto have caused these present to be executed on the day and year first written above. DATE: ---:;LP::;...:..l ~ce.~\__:,:....::%::!__ ___ _ TITLE: C11 ~M.\~ MIAMI·DADE COUNTY, FLORIDA By: ________________________________ ___ DATE: ________________ _ Director Parks, Recreation, and Open Spaces LEGAL SUFFICIENCY: ____________ _ DATE: __________ _ County Attorney 4 8 EXHIBIT A: GRANT APPLICATION PACKAGE SCOPE OF WORK [INSERT GRANT APPLICATION PACKAGE HERE] 5 9 2/2/2018 Submission Date Name of Organization Add,'ess Municipality, Non-P,'ofit or Community Group Contact Name (Person filling out application) Job Title E-mail Phone Number Project Manager (If awarded) E-mail Phone Number Project Title Location of Planting Miami-Dade County Commission Dish'ict (project location) County or Local Road? Please confirm you have received permission from governing jurisdiction of project location? Please state the local jurisdiction Description of Trees Target area's existing tree canopy Is the project uea low-to- moderate income? Goals of Project Community Engagement Plan https:lAwllv,jotform.com/myforms The Easiest Online Form Builder I JotForm 2017-12-1912:44:26 City of South Miami Street Address: 6130 Sunset Drive City: South Miami State 1 Province: FL Postal 1 Zip Code: 33143 Country: United States Municipality Angelica Bueno Planning & Sustain ability Administrator abuello@southmiamifl.gov (305) 66825 14 Angelica Bueno abueno@southmiamifl.gov (305 ) 6682514 Somi Tree Planting South portion of City Limits: North-South SW 74th St. to SW 87th St. West-East SW 59th Ave. to 57th Ave. 7 Local Road City of South Miami AMOUNT TYPE OF TREE 8 PIGEON PLUM 12 FEET 8 DAHOON HOLLY 12 FEET 8 CRAPE MYRfLE 30 -38 % No Goals of Project: Enhance roads in the designated area to integrate connectivity and improve walk- ability among local residents and transit users, and provide benefits to the community such as: reduce humidity and reduce heat-island effect, encourage physical activity, reduce air pollution and stonn water runoff. The planting of street trees is also consistent with the City's requirement, that new development includes landscaping and street trees. Community Engagement Plan: During the project, residents will have the opportunity to learn about the project and the benefits trees offer. Tree planting technology, maintenance, and benefits of the project will be featured on the City's website as part of the education component. 10 112 2/2/2016 Maintenance Plan Three Anticipated Measurable Outcomes Project Timeline Amount of Grant Funds Requested Amount of Matched Funds Other Resoul'ces Please describe othel' l'eSOUI'ces, if any Total Budget Landscape Rendering: Before Photos Detailed Budget https:llwww.jotform.com/myforms The Easiest Online Form Builder I JotForm Maintenance Plan: Thc City of South Miami will be responsible for the landscape maintcnancc of this project. Thc Public Works Dcpartmelll already has a maintenance program in place and will continue its program to ensure the survivability of these trees. Three Anticipated Outcomes: Increase the tree canopy Increase walk-able areas Provide community education Project Timeline: Design: 4 weeks Bidding: 3 weeks Implementing: 8 weeks Community outreach: 2 week Final report: I week 5450 5450 o N/A 10900 03 Exhibit D Landscape Map,pdf 02 Exhibit A Preliminarv Scope & Photos 20lS,pdf 04 Exhibit B Budget.pdf 11 2/2 2018 -Miami-Dade Street Trees Matching Grant Project Title: Somi Tree Planting 2018 Location of Planting: City of South Miami CRA area as per Landscape Plan Local Roads Miami-Dade County Commission District 7 EXHIBIT A Description of Trees: All trees will be a minimum of 12' Ft. in height and as per schedule below AMOUNT TIPE OF TREE 8 PIGEON PLUM 12 FEET 8 DAHOON HOLLY 12 FEET 8 CRAPE MYRTLE Target area's existing tree canopy: 30 -38 % Goals of Project: Enhance roads in the designated area to integrate connectivity and improve walk-ability among local residents and transit users, and provide benefits to the community such as: reduce humidity and reduce heat-island effect, encourage physical activity, reduce air pollution and storm water runoff. The planting of street trees is also consistent with the City's requirement, that new development includes landscaping and street trees. Community Engagement Plan: During the project, residents will have the opportunity to learn about the project and the benefits trees offer. Tree planting technology, maintenance, and benefits of the project will be featured on the City's website as part of the education component. Maintenance Plan: The City of South Miami will be responsible for the landscape maintenance of this project. The Public Works Department already has a maintenance program in place and will continue its program to ensure the survivability of these trees. Three Anticipated Outcomes: Increase the tree canopy Increase walk-able areas Provide community education Project Timeline: Design: 4 weeks Bidding: 3 weeks Implementing: 8 weeks Community outreach: 2 week Final report: 1 week 12 EXHIBIT A PHOTOGRAPHS 13 EXHIBIT A 14 LANDSCAPE MAP SW 72.ndSI W72ndsr ::!. ;"1.: \li)(w Iii> ~,.; .. .: !t! I (:n.1·",( SW80th $1 SWllOlh Sf '" ®5® Iii> i® Iii> , L ~ .\ " , .... '.' !" -::::~".,'~:: .:.~ l ..... ,........ SI'! llilth $1..... :,'Ii Htlt N ~~~ __ ~> ______________ ~ ___________ l_('_"_'I_)!." __ H_r:t'_._'\_r_.l ________ ~ ____ ~W ~. Not To Scale 15 9~ wnld UOa~!d L • ':aJ 4~LS MS-'al\'tl4~8S pU~ 'J14~l1L MS-':as 4~l1L MS -3NO NOI1~JOl LOCATION TWO -SW 77th Tr. Between 58th Ave. -SW 57th Ave. • 3 Dahoon Holly 17 LOCATION THREE -SW 59th Ave. Between SW 81st St. -SW 82nd St. $ 1 Pigeon Plum • 4 Dahoon Holly 18 LOCATION FOUR -SW 58th Ave. Between SW 84th St. -SW 87th St. • 1 Dahoon Holly o 8 Crape Myrtle 19 City of South Miami Till CITY 01 I'l[A~ANl LIVING Somi Trees Planting Trees Unit Price Grant Funds Match Funds Total Estimated Budget DIRECT COSTS: 8 Crape Myrtle $400.00 $1,600.00 $1,600.00 $3,200.00 8 Pigeon Plum $450.00 $1,800.00 $1,800.00 $3,600.00 8 Dahoon Holly $450.00 $1,800.00 $1,800.00 $3,600.00 Partial Cost $5,200.00 $5,200.00 $10,400.00 Contengency $250.00 $250.00 $500.00 Total Number of Trees: 18 TOTAL ESTIMATED COSTS: $5,450.00 $5,450.00 $10,900.00 20 Exhibit B: GRANTEE FINAL REPORT 20-!!LMatchlng Street Trees Grants Program Organization's name: _____________ _ Person completing report and title: ________ _ Phone: __________________ _ Email: __________________ _ Submit Final Report by -,A""u""g",u""sC!.t..",l-"=,O,-,, 2::.::0~1",,8,--_____ _ Narrative: In no more than two pages, please share the information below about the program supported by Miami-Dade County and Neat Streets Miami. 1. Summarize in a few sentences what you have accomplished to date: What you have done; for whom and how many; how they have benefitted? How many trees planted using grant funds and matched funds? 2. Have you accomplished to date what you expected to in terms of implementing the project? If not, why not? Did you encounter any unexpected challenges and if so what adjustments did you need to make? 3. Has this project had an impact on the broader community issue or systems you seek to improve? If so, how? Do you plan to sustain this program when our grant ends, and if so, what are your plans for doing so? Has our grant helped you secure other dollars or resources you need to sustain it? If so, please explain. Optional: Tell us a story about the program's impact -one that reflects how this program is making a difference in people's lives or an accomplishment that makes you particularly proud. Performance & Results Report Form This form should reflect the same outcomes, measures and activities as in the one you submitted with your Grant Application Package (Exhibit A) and then report what you have achieved from the start of the grant to date. Outcomes: Refer to Three Anticipated Outcomes, as described in awardee's grant application. What were the top three outcomes you wanted to achieve for those you reached and served that would show how participants were better off as a result of the program? What results did you achieve? What was the desired outcome? What were your results? 6 21 Outreach and Activities: List the main activities listed in your outreach plan in the grant application and provide information related to each ii:. ." ""~.~t~.~!>0th~acti~,itY? ,.' .• ' ...... '...... . (IncJ4(f~.wh~,;',Wh~~:C'illd ·~()W;;oftei'l·.a~lvitil!s·" .... .' t()~kplace.l' ' l;/oWlnanyc;lld yoql'¢~ch? ....• ,';;: ,.<' Financial Reporting: List invoice, invoice date, description of services, check number and check date associated with this project. , 1t1,@~e,i . Invoice p~.~ ... ~"I,Ptlotlqf "Narnbet' ...... , .... . .t(!D~ie·· ...... ; •.....•. "S~rVices . Required Attachments: Final Approved Budget Invoices Proof of Payment Final Approved landscape Plan ",check,' Number. chec:k' ... " . ¢he~lt Date" Amoonf Outreach Efforts: Press Release, educational materials and photos of outreach efforts or other materials that reflect your work, its impact and any references to Miami-Dade County and Neat Streets Miami support. "After" photos illustrating how corridor was transformed. Data Tracking Report: include DBH and latitude/longitude coordinates for each tree planted with grant and match funds Please submit this Exhibit B Grantee Final Report and related attachments by email in one PDF document to: Jennifer.L!orente@miamidade.gov 7 22 M&M Landscape.lnc ( FEIN: 41·2093634) 29744 SW 170 Ave. Homestead, FL 33030 Phone: 305·248·1576 Email: mdmusil@bellsouth.net TO: City of Miami 8 8 8 6130 Sunset Drive Miami, Fl 33143 Attn: John Webster Pigeon Plum 12ft Dahoon Holly 12 ft Crape Myrtle 12 ft Each tree will be staked and tied Each tree will be taken care of for 3 months after planting Each area will be checked for underground utilities by 811 INVOICE # 245 DATE JUNE, 142018 450.00 450.00 450.00 3600.00 3600.00 3600.00 1----+------------.---------------------------------------------------------------+-----+-------j TOTAL 10,800.00 Quotation prepared by:mark musH THANK YOU FOR YOUR BUSINESSI 23 BIG RON'S TREE SERVICE, LLC. 1622 \ SW 98th A venue Miami, FL 33157 L1C: 601755-2 TTL: A-715 305·588·3091 ron'!"bigronstreeservice.com City of South Miami John Wbsler Description This price is to provide and install the following; Eight (8) PIGEON PLUM 12 FEET· Eight (8) DRAGOON HOLLY 12 FEET· Eight (8) CRAPE MYRTLE 12 FEET Thank you for giving me an opportunity to bid on this job. P.O. No. Qty Agreement Date Estimate # 6/15/2018 4582 Customer phone # Terms Net 25 Rate Total 12,650.00 12,650.00 Total $12.650.00 Signature and Date Thank you for the opportunity to bid on this job. I'lease sec tenns and conditions attached. All pages must be signed and returned to validate contract. 24 tll~f~ Monday, lune 18, 2018 Re: Somi Tree Planting 10hn Webster City of South Miami Parks Department 5800 SW 66th St Miami, Florida 33143 Dear 10hn, Pursuant to your request, below please find our estimate to provide the following services to be rfI d . I . . h' h C' fi h fi 11 . pe orme at various ocatlOns Wit mt e Ity or t e o OWtng costs: n~e [n'$ta/lations ..... Common Name Gallon/Size Quantity Unit Price Ext Price PiQeonplum 12'OA 8 $ 823.90 $ 6,591.20 Dahoon hollv 12'OA 8 $ 823.90 $ 6,591.20 Crape myrtle (natchez or muskogee) 12'OA 8 $ 524.30 $ 4,194.40 Total $ 17,376.80 o Include initial watering only. Does not include establishment watering. o Does not include any demo of existing material or irrigation repairs. o Requires call to 8 I I Sunshine for location services o Permit not included Respectfully Submitted, Mario G. Cantero General Manager -Landscape ACCEPTANCE OF PROPOSAL The above prices specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments terms: 30 days. Date ------------------------Authorized Signature __________ __ Print Name ----------- __________ ~ __ ~~------------------------------------------------25 9700 N.W. 79th Avenue, Uialeah Gardens. FI. 33016' Phone: (305) 818-2424 Fax: (305) 818-2428· 1855 SOUTH FLAMINGO ROAD I DAVIE. FL 33325 TEL (877) 741-3030 I FAX (877) 741-3454 I www.mainguy.com PROPOSAL FOR LANDSCAPE SERVICES PROPOSAL SUBMITTED To: JOB NAME: City of South Miami Somi Tree Planting 2018 ADDRESS: ADDRESS: 6130 Sunset Drive CITY: CITY: South Miami South Miami STATE: STATE: Florida Florida TELEPHONE: DATE: (305) 663-6339 June 18,2018 1. Statement of Work: We are pleased to submit this proposal for the following services at the above-referenced job location: ./ Landscape Design and Installation Landscape Maintenance Program Turf & Shrubbery Fertilization/Pest Control Irrigation Systems Installation/Maintenance Tree Trimming/Removal 2_ Scope of Work: Install 8 Cocoloba diversifolia 'Pigeon Plum' (\2' o.a.), 8 I1ex cassine 'Dahoon Holly' (12' o.a.) and 8 Lagerstroemia 'Crape Myrtle' (10-12' o.a.) in the locations designated on the attached Tree Location Map. 3. Cost: We hereby propose to furnish all labor, equipment and materials to complete the work outlined in this proposal in accordance with the specifications set forth herein for the sum of Twenty Thousand Four Hundred and 0011 00 ($20,400.00) Dollars. 4. Specifications: Please see General Conditions attached hereto. FORT LAUDERDALE MIAMI WEST PALM BEACH NAPLES FORT MYERS 26 5. Payment & Other Provisions. All work and/or material is guaranteed to be as specified herein. All work to be completed in accordance with standard practices. Any alteration or deviation from the specifications contained herein shall be executed only upon written authorization and shall be at an additional cost added to the price set forth herein. Contractor guarantees trees for one year from installation; provided, however, Contractor shall not be responsible for any landscape material which dies due to circumstances beyond its control, including vandalism or Acts of God. Contractor will be conducting subsurface activities including, by way of explanation, excavation of new tree installation pit(s). Although Contractor shall at all times exercise caution and due care so as not to cause any damage, Contractor shall not be responsible for damage to any plumbing, electrical, sewage, cable television, telephone, irrigation or other utility lines, irrigation system components or any other underground improvements, and turf or shrubberies which may be damaged by Contractor's work hereunder, unless such damage is caused by Contractor's gross negligence and/or reckless disregard. All sums due hereunder shall become due and payable upon completion of all work. Unpaid balances outstanding more than thirty (30) days will accrue interest at the rate of 1.50% per month, which interest shall be added to, and be due and payable together with, all other sums due hereunder. The failure of either party to comply with the terms of this Agreement shall be considered a breach hereunder entitling the other party to seek any remedy at law or in equity for such breach. In the event of any legal action between the parties hereto related to the enforcement of any of the provisions of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs from the other party as determined and ordered by a court of competent jurisdiction. Venue for any legal action either party may wish to bring against the other party shall be in the appropriate court in Broward County, Florida. Our performance hereunder is contingent upon strikes, accidents, or other delays (including obtaining building permits or other governmental approvals) beyond our control. This proposal may be withdrawn at any time prior to its acceptance and execution by both parties, in which event this proposal shall be null and void. 2 Respectfully Submitted, Mainguy Environmental Care, Inc. DBA Mainguy Landscape Services 27 ACCEPTANCE OF PROPOSAL Client hereby accepts and agrees to the terms, conditions and specifications set forth hereinabove. Mainguy Landscape Services is authorized to perform the work as specified herein. Payment shall be made in accordance with the provisions contained hereinabove. Accepted By: Authorized Representative's Signature Date Accepted 28