Preview
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
EXHIBIT A
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
numnu r usut Let
134 Depot Road
....Duancsbuqt.NY 12056
($18) 506-1943
(518) 615-1943
info!gsilandscapinglic.com
www.gsilandscapingile.com
June 14, 2012
Rob and Amy Burpo
400 Gabriel 1.anc
AP.anNnt, NY 12009 --
Ikar Rob arxiAmy.
The IMlowing ius contractlorthe landscaping project thatyou requested and is inaccordance
with the plai thatGSL 1.ardscaping & Nursery LLC discort The work will be perfonned in a
ocofessiord manner and contpletelyoverseen by one of GSL Landscaping & Nursery's
mpervisors. as well as rnyself,Matthew Baker.
Eds contractis broken down intojob descriptimus tobetter helpyou understand thework tobe
rer founed.The pricing forthispmject includesthe followüsp allhardmaterials, allplant
inaterm:s,alllahir,alldeliveries and disposal charges.There is alsoa Iyear warranty on
phats and a 15 y earwarranty on allstone work.
Ifyou hwe questions about the or the job,please feelfreeto callme a1(518)506- .
any pricing
1943. I kok forward to socing thisprojectcome together.
Sincerely ymn
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
Job Description: Stairs (2 Sets) Total: $Ã,800.00
Job
Style: Natural Field Stone Riser
Tread: Bluestone Cap
Pattern: Randem
To Upper Patio Stairs: 4'
4 Steps @ Wide
From Patio to 20'
Ex.isting Pool Patio: I Step @ Wide
1. Clear area of existing debris.
2. Layout area as to plan and verify with homeowner,
3. Excava:c arra to sufficient depth setting aside any topsoil for laterusc.
4. Water and compact exposed canh for maximum compaction.
10"
5. Lay of crusher nm.
6. Compact allcrusher run.
1"
7. l ay ofstone dust for base to be set in.
8. Installnatural stone step risers and bluestone treads.
Job Description: Pillars (2) Job Totsk
Style: Natural Field Stone
Cap: Bluestone
Pattern: Random
1. Clear area of existing debris
2. Layout area as toplan and verify with homeowner.
3. Excavate area to sufficiem depth setting aside any topsoil for lateruse.
4. Water and mechanically compact exposed carth for maximum compaction.
10"
5. of crusher run over wall areas.
Lay
6. Compact allcrusher run and maintain 2% slope, . .
1" be setin.
7. Lay of stone dust for pillarsto
8. installpillarsusing natural field stone.
9. with bluestone. .
Cap
Lighting.System Job Totah $7,100.00
Job Description: Unique Landscaping
11 10 19 2 spools of 1, 1180 watt transformer
emp, path, well, wire,
1. Setinnsformer box. .
2. Run wire to fixtures. .
3. Set alllighting fixtures.
4. Make all electricalconnections and tum on system.
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
Job Description: Peel Patie and Spa Patio Job 519.350.00
Total:
Sch Cambridge Ledgestone Remmissance
18"
Pattern/Sfre: X I S"Randomly Placed
Patters: B' 18" IS"
Random, Insert Wide Sections of X from Steps to Pool
(asshown inCambridge
Color- brochure)
Toffec/0nyx
1. Clearareaof debris.
existing
2. layout area as toplanand with homeowner.
verify
3. Excavate arca to sufEcientdeptit aside
setting any topsoilkirlateruse.
4. Water and mechanically compact exposed carth
10" fbrrnaximurn coinpaction.
5 lay ofcrusher run over entirearea.
6 Cornpoc1all crusher runand rnnintain 2% slope.
"
7. Iay J ofstone dost forstor4 tobe set in.
S. hutallpano.
9. Swa:p in sand-lock tosecure sone placement.
Job Description: Nazarsl Stone Retaining Wall with Waterfalls Job Total:5t1,5411+40
Style: Narnral FieldStone
Cap: NatornI FieldSieme
Patters: Random
1. CIcararea of existingdebris.
2. layout area as toplanand verifywith horneowner.
4" 16"
7. Construct X bhxk wall as wallframmg.
4. Install
retainingwall using na:uralstone (tofollow pool edge).
5.kwtall waterfallplunibing.
6.Installwaterproof membrtine.
7. Install
3 waterfallsto into
fall pool and anake allconnections.
4"
3. Lay blackdrain pipe behimi wall and backtillwith if2stone.
9. Cap wall with rtaturalfic:dstonecap.
Job Description:Spill Over Spa Joh Totah AA6|MO
Style- Stone
Natural Field
Cap:Bluestone
Psitern: Ramdem
1. Clear area of debris.
cxisting
2. Form walls with concreteblock around spa.
3. Construct naturalstone facing from pool deck to topof s;x
4.Cap vitbbluestone stone.
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
Job Decsiptient and
Planting with
Makhing Boulders and SteppingStoMs
1.Clear area Job Tolsh St 6 fe.00
of debris.
existing
2, Layout plant beds as to plan arid with
verify horacowner-
3. Prepare plant beds whh soit and create berms.
4. Layout plant material and plant in accordance with tocol horticuitme gractices.
5. install boulders and
stepping stones,
6dnstall fine ground dmic mukh into plant beds.
Job Description: Fence J ob Totak 57,332.80
Stylb Black Ornamental
Size: 216 Im, fr.
gates-4'
Gates: 3
1. install black omamental fence with three gates mound pool to plan ard as per code.
according
Job Descripties: Druinage System J ab Totah 5U00.45
1. Clear area of debris.
existing
2.. Excavate soil for proper drainage.
3. Install pipe and pipe connectors to achiew proper dminage,
4. Install catch basins.
5. Backfill pipe with #2 round stone.
6. Gmde area and fine rake.
Job Description: Grading and Ilydroseeding Job Totah $2,400.89
l. Spread topsoil and grade.
2. Fine rake topsoil
3. Hydrosced area.
Cleaning:
Upon the above work GSL will clean our debris and remove ithom the
cornpleting fully
property.
I agree to the wod described above and allow GSL Landscaping & Nwsery
By signing below,
LLC to perfoun the above work.
Signmure: b J ff
f Date:_Ó 2. ..D
Signature __ Drie:
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
Burgio Plant List
Common Name
Varie
Size
Switch Grass
9
1 al.
3 Rose
Double Knockout 3 gal. pink
57 Day Lil
1 gal. red/pink/yellow
10 S irea
Neon Flash 3 gal. pink
2 Arborvitea 6'
Dark American
3 PJM Rhododendron purple
5 gal.
5 Spider Wort 2 al. le
p
3 Barberry Crimson 3 gal. crimson
Pigmy
10 Cree ing Grass Blue Fescue 31 peach/purple
1 Summer Sweet 5 gal. white
3 St. John's Wort 3 gal. yellow
3 Juniper 3 gal.
5-6'
7 Arborvitea Techy
6 Viburnum Double File 5 gal. white
5 Inkberry 5 gal. white
uanti Common Name
I7 5 gal. white
Inkberry
3 Ornamental Grass Fountain 3 gal.
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
Burgio Plant List
6 Barberry Rose Glow 3 gal. crimson
5 Boxwood
------------- -.------.---
3 Weigelia
Wine and Rose 5 gal.
_
3 Shasta
Daisy 2 gal. white
2 widte
5 gal. blue and
3 Red Dogwood 5 gal.
Twig Varigated
1 6'
Rose of Sharon
1 5'
Juniper Rocket
Sky
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
TERMS AND CONDITIONS
TERMS:
Unless otherwise arranged, a deposit of 50% of the project total is due when the signed contract is received by GSL
and final payment will
Landscaping & Nursery, LLC be due upon completion of the project in its entirety.
In a multi-phase project,
after a 50% deposit, 1/4 of the final payment will
be due upon the completion of the hardscape and the remaining balance will
be due
upon completion
of the project in its entirety.
CONDITIONS
UnforeseeableCircumstances
impact the completion of the project as
The owner agrees that in the instance that unforeseeable circumstances arise that significantly
planned, GSL Landscaping & Nursery, LLC
originally and the property owner will
work towards a resolution, which might
include a
change in design and or plan, and/or a decreaseor increase in pricing.
Changes
Changes in measurements, design, or landscaping features will
not be allowed except at prices mutually
agreed upon
verbally or in writing,
at the time those changes are made.
General
Allagreements are contingent upon the absence of strikes, lockouts, riots, fires, accidents, illness, acts of God, floods, war,
insurrection, embargo restrictions, carrier delays, weather delays, or failure to receive raw materials deliveries, or by other causes,
whether of the like or different nature beyond our control.
The owner agreesthat the work to be done by GSL Landscaping & Nursery, LLC
willbe done on lands of the owner or on
lands that the owner has legal right to contract with GSL Landscaping & Nursery, LLC
for such work to be performed. The owner
further agreesto defend, hold harmless and indemnify
GSL Landscaping & Nursery, LLC
for any and all claims or damages of
whatever kind
arising from the location of the work to be performed.
Owner agreesto indemnify
& hold harmless GSL Landscaping & Nursery, LLC
against any & all claims relating to
damage of private utilities
(electrical lines, gas lines, plumbing
lines, sprinkler
lines, drainage lines, etc...).
Ifa private utility
line is
encountered during landscape installation,
GSL Landscaping & Nursery, LLC
will
immediately owner.
notify Repairs to damaged
private utility
lines are the responsibility
of owner, unless otherwise arranged.
Allmaterials, supplies and products, including
work completed and installed, remain the property of GSL Landscaping &
Nursery, LLCuntil full
payment of this contract is made to GSL Landscaping & Nursery, LLC.
Prices quoted herein are subject to
change without
notice until such time as both parties accept the proposal.
WARRANTY
GSL Landscaping & Nursery, LLC
guarantees that if a defect arises in a hardscape feature due to faulty workmanship
or
minor settling or shifting, within GSL Landscaping & Nursery, LLC
fifteen years of its installation, will
repair the area at no additional
charge. A hardscape feature that needsto be repaired due to significant
of the earth or land, damage to a hardscape
settling/shifting
area caused by another person, object, and/or structure malfunction,
willbe the responsibility
of the owner.
Paver/stone sealants and/
or paver/stone washing and its effects are not covered under warranty.
Hardscapes features where natural stone is used is subject to
the same warranty as described above; however, natural stone is natural to the earth and therefore, weathers naturally.
Weathering of
natural stone, including and/or fading or color change, and or staining of stone pieces will
natural cracking, slivering/peeling not be
covered under warranty. of the owner to notify
In addition, it is the responsibility GSL Landscaping & Nursery, LLC
of the area in
need of repair when noticed, before significant
damages occur. This warranty excludes coverage for a dislike in color or paver/stone
once installed.
guaranteesthat if a defect arises in plant material or its surrounding area, due to faulty
GSL Landscaping & Nursery, LLC
workmanship,incorrect planting, or a design flaw, within
1 year of its installation,
GSL Landscaping & Nursery, LLC
willrepair the
area or replace the plant at no additional charge. Planting areas or plant material that needs to be repaired or replaced due drainage
problems, lack of sufficient water, too much water, damage to a plant or planting
area caused by another person, object, structure
or overuse of an area, will
malfunction, be the responsibility
of the owner.
In addition,
it is the responsibility
of the owner to notify
of the area in need of repair when noticed before significant
GSL Landscaping & Nursery, LLC damage occurs. This warranty
excludes coverage for a dislike in color of plant material once installed or plant material that is transplanted.
except in writing,
This agreement may not be modified, and any mutually
agreed modifications
shall become a part of the
contract and subject to all of the terms and conditions.
This agreement shall be constructed under the laws of the State of New York, and the owner and GSL Landscaping, LLC
agree that any legal action which shall arise from the work performed under this contract shall be bmught in a court of competent
in the State of New York regardless of the work or the domicile
jurisdiction or residence of the Owner.
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
BUYER'S RIGHT to CANCEL
You may cancel this transaction, without within
any penalty or obligation,three business days from the contract date. If
you cancel, you must make available to the seller, at your residence, in substantially as good condition as when received, any goods
delivered to you under this contract or sale. If you do not make the goods available to the seller, or if you agree to return the goods to
remain liable for performance of all obligations under this contract. To cancel this transaction,
the seller and fail to do so, you will
mail or deliver a signed, written notice or telegram of cancellation to GSL Landscaping, LLC,
at the address on this contract.
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
GSL Landscaping &Nursery,LLC
P.0 Box 604
Duanesburg, NY 12056
(518) 506-1943
Fax: (518) 615-1943
info@gsilandscapingllc.com
www.gsilandscapingllc.com
November 15, 2013
Rob and Amy Burgio
400 Gabriel Lane
Altamont, NY 12009
Dear Rob and Amy,
The following is a contract for the landscaping project that you requested and is inaccordance
with the plan that GSL Landscaping & Nursery LLC discussed. The work will be performed in a
professional manner and completely overseen by one of GSL Landscaping & Nursery's
supervisors, as well as myself, Kevin Bradlinski.
This contract is broken down into job descriptions to better help you understand the work to be
performed. The pricing for this project includes the following: all hard materials, allplant
materials, all labor, all deliveries and disposal charges. There is also a 1 year warranty on
plants and a 15 year warranty on all stone work.
If you have questions about the or the please feel free to call me at(518)577-
any pricing job,
7598. I.look forward to seeing this project come together.
Sincerely yours,
Kevin Bradlinski
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
Job Description: Waterfall Installation and Pond Renovation Job Total: $11,250.00
Style: Natural Stone Boulders with Multiple Drops + C
1. Clear area of existing debris.
2. Layout area as to plan and verify with homeowner.
3. Excavate area to sufficient depth setting aside any topsoil for later use.
4. Install waterfall with multiple drops, secondary stream and Biofall filtration.
5. Install boulders around perimeter of pond and perimeter of proposed marginal areas.
6. Create a wet well to house snorkel and Centepede Module, Aquablox, pump and filtration
equipment as illustrated.
7. Grade and prep area surrounding waterfall area.
Options/Add-ons
System with 5 Fixtures Job T
Cleaning:
Upon completing the above work GSL will fully clean our debris and remove itfrom the
property.
By signing below, I agree to the work described above and allow GSL Landscaping & Nursery
LLC to perform the above work.
Signature: ) Date:
Signature: Date:
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
"
b
a - -
?
a
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
a
d __ .
1 .
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
Shadblow . "
Serviceberry
Meritage Birch ..
Aquatic PLants For Filtration
®®
Bog Waterfall Area
Perernial Color
MARGINAL WETLAND PLANTS
I/2" 4"
TO 3/ GRAVEL LAYER
UP TO WATER LEVEL
1/2" 2"
I TO GRAVEL LAYER
(o"
4 TO THICK WATER LINE
4" To r"
CENTIPEDE MODULE STONE LAYER
WETLAND DETAIL
(A)
Aquatic Plants For Filtration
Bay Inlet
Overflow Remains The Same
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
White Pine
Rudbeckia
a
Tall Phlox
Aquatic Plants For Filtration
Accent Rocks
.
O
byDyneSCAPE*
Powered
FILED: ALBANY COUNTY CLERK 10/17/2022 01:18 PM INDEX NO. 907916-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/17/2022
TERMS AND CONDITIONS
TERMS:
Unless otherwise arranged, a deposit of 50% of the project total is due when the signed contract is received by GSL Landscaping &
Nursery, LLC of the project in its entirety.
be due upon completion
and final payment will In a multi-phase project, after a 50% deposit, 1/4 of
of the hardscape and the remaining balance will
be due upon the completion
the final payment will of the project in its
be due upon completion
entirety.
CONDITIONS
UnforeseeableCircumstances
The owner agreesthat in the instance that unforeseeable circumstances arise that significantly
impact the completion
of the project as originally
planned, GSL Landscaping & Nursery, LLC
and the property owner will
work towards a resolution, which might include a change in design and
or plan, and/or a decrease or increase in pricing.
Changes
not be allowed except at prices mutually
Changes in measurements, design, or landscaping features will agreed upon verbally
or in
at the time those changes are made.
writing,
General
Allagreements are contingent upon the absence of strikes, lockouts, riots, fires, accidents, illness, acts of God, floods, war,
insurrection, embargo restrictions, carrier delays, weather delays, or failure to receive raw materials deliveries, or by other causes, whether of the
like or different
nature beyond our control.
be done on lands of the owner or on lands that
The owner agreesthat the work to be done by GSL Landscaping & Nursery, LLC
will
GSL Landscaping & Nursery, LLC
the owner has legal right to contract with for such work to be performed. The owner further
agreesto defend,
GSL Landscaping & Nursery, LLC for any and all claims or damages of whatever kind arising from the location of
hold harmless and indemnify
the work to be performed.
against any & all claims relating to damage of
& hold harmless GSL Landscaping & Nursery, LLC
Owner agrees to indemnify
private utilities
(electrical lines, gas lines, plumbing If a private utility
lines, sprinkler lines, drainage lines, etc...). line is encountered during
GSL Landscaping & Nursery,
landscape installation, LLC willimmediately owner.
notify Repairs to damaged private utility
lines are the
of owner, unless otherwise arranged.
responsibility
Allmaterials, supplies and products, including
work completed and installed, remain the property of GSL Landscaping & Nursery,
LLC until full Prices quoted herein are subject to change without notice
payment of this contract is made to GSL Landscaping & Nursery, LLC.
until such time as both parties accept the proposal.
WARRANTY
GSL Landscaping & Nursery, LLC
guarantees that if a defect arises in a hardscape feature due to faulty workmanship
or minor
settling or shifting, within GSL Landscaping & Nursery,
fifteen years of its installation, LLC willrepair the area at no additional
charge. A
hardscape feature that needs to be repaired due to significantof the earth or land, damage to a hardscape area caused by another
settling/shifting
willbe the responsibility
person, object, and/or structure malfunction, Paver/stone sealants and/or paver/stone washing and its
of the owner.
Hardscapes features where natural stone is used is subject to the same warranty as described above;
effects are not covered under warranty.
however, natural stone is natural to the earth and therefore, weathers naturally.
Weathering of natural stone, including
natural cracking,
and/or fading or color change, and or staining of stone pieces will
slivering/peeling not be covered under warranty. it is the
In addition,
of the area in need of repair when noticed, before significant
GSL Landscaping & Nursery, LLC
of the owner to notify
responsibility damages
occur. in color or paver/stone once installed.
This warranty excludes coverage for a dislike
GSL Landscaping & Nursery, LLC
guarantees that if a defect arises in plant material or its surrounding
area, due to faulty workmanship,
incorrect planting, or a design flaw, within
1 year of its installation, will
GSL Landscaping & Nursery, LLC repair the area or replace the plant at
no additional charge. Planting areas or plant material that needs to be repaired or replaced due drainage problems, lack of sufficient
water, too
much water, damage to a plant or planting
area caused by another person, object, structure malfunction,