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HomeMy WebLinkAboutP & L Lawn Maintenance, Inc. -1998 03 05t ,~ PROPOSAL AND AGREEMENT THIS AGREEMENT, entered into this 5thday of March 1998, by and between the City of Winter Springs Florida (hereinafter referred to as "City/Owner"), and P & L Lawn Maintenance, Inc. (Hereinafter referred to as "Contractor"), provides as follows: WHEREAS, City is desirous of having certain City property maintained; and WHEREAS, Contractor is desirous of performing the maintenance of the properties, NOW, THEREFORE, for and in consideration of the mutual promises hereinafter made, the parties agree as follows: 1. All Contract Documents are attached hereto as Exhibits and incorporated herein by reference. 2. All work done under the Contract Documents, including the furnishing of all labor, equipment and materials and the performing of all operations in connection with the LANDSCAPE MAINTENANCE SERVICES - SR 434 Medians Rights of Way & Ponds BID # 99 - 003 will be made under the following Pay Items. Other work for which there is not a pay item will be considered included in the contract Unit Price for the various pay items and no additional compensation will be allowed. 3. The City reserves the right to alter the Plans, extend or shorten the improvement, add such incidental work as may be necessary, and increase or decrease the quantities of work to be performed to accord with such changes, including the deduction or cancellation of any one or more of the Pay Items. Such changes shall not be considered as a waiver of any conditions of the Contract nor to invalidate any of the provisions thereof. A supplemental agreement between the Contractor and the City will be required when such changes involve a net increase or decrease in the total amount of the original contract of more than twenty-five percent (25%). Should such changes result in changes in the quantities of the work to be performed, the Contractor will accept payment according to Contract Unit Prices for such items of work as appear in the original contract. 4. The work will be done in compliance with the Contract Documents and paid for under the Pay Items herein listed. Quantities shown on the Plans shall govern over those shown herein. The Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications, and the Public Works Director shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. 5. The undersigned agrees that his Bid as stipulated herein shall be valid for a period of thirty (30) days from that date of this Bid opening. The proposal guaranty of the three lowest bidders shall be held for that period or until an award of the contract is made. Page 11 of 37 6. The Contractor warrants the landscape services provided hereunder will be fit for the intended purposes and use of the City and per plan and specifications. 7. This contract shall be in effect for twelve (12) months commencing on December 1, 1998 and termination on November 30, 1999 with the option to extend for a second and third 12 month period, not to exceed thirty (36) months total. The contract may be cancelled in whole or part by the City or the Contractor, upon giving at least (30) days written notice prior to cancellation; EXCEPT that non-performance on the part of the Contractor will be grounds for termination. Termination will take place within five (5) days of notification. 8. The undersigned agrees to start construction of this project within twenty (20) calendar days after notice of award of contract and notice to proceed IN WITNESS WHEREOF, the parties hereto have executed this Proposal and Agreement as of the day and year first above written. CONTRACTOR: By: Print: G. ~ Title: ~~~„~'~~~~ OWNER: 1 126 East State Road 434 Winter Springs, Florida 3270$ Print: ,~~~u>c~? 6/. ~1`~~,~~~,i'~` Title: ~~ Page 12 of 37 ~~ Carol kin © g maintenance inc. JERRY BACHAND, President 7032 OLD CHENEY HIGHWAY • ORLANDO, FLORIDA 32807.6296 • PHONE (407) 275-6200 • FAX (407) 273.4348 February 25, 1999 Mr. Alan G. Hill Winter Springs Utility/Public Works Department 110 North Flamingo Avenue Winter Springs, FL 32708 Re: Landscape Maintenance Services Bid # 99-003 Dear Mr. Hill: We have reviewed your letter faxed this day (incorrectly dated 1/26/99) outlining your proposed payment for invoice #029374. In short, we do not agree with the stated deduction or the reason for it. Further, as stated by phone earlier today we are disappointed with the fact you waited so long to discuss this matter. Per your specifications, item # 8 Compensation clearly states that conflicts will be resolved within five (5) working days after receipt of invoice and the subject invoice went out on 1/27/99. We contend that it is impossible to resolve the questions you now bring forward without the ability to review the work in the field. Due to this disagreement and in accordance with the terms of our contract dated December 9, 1998 we exercise the thirty-day notice of cancellation clause, effective March 28, 1999. Sincerely, ;~ i" / ti Bruce Bachan :a Vice President c. File FULL SERVICE CONTRACTORS SINCE 1960 - - - ..- . .. - Carol king ~ ~C'aaKda e muntenance ~ inc_ - - 2 2 0 5 9 3^ 6^ 6 JERRY BACHAND, Resident 7032 OLD CHENEY HIGHWAY • ORLANDO, FLORIDP ~ Q ~~ ~~ ~ ~~ ~~ Mr. Alan G. Hill Winter Springs LTr .lity Public Works Department 110 North Flamingo Avenue Winter Springs, FL 32708 ~~ s ~^~!i$C-2~t$b 1FS ~~~~~i~~{s~~~~+~1{i~~~~t~:~~1s~t~s~t~ii~~~~~~»~t~~~lit~'~t~S~, r... -. ,7 p"" ~ "",~. ...,T~ ~~-far.,.. ~ ,.. , iti ~~" 1; ~ ~ ~yy ~~~ t.~ ~~ WINTER SPRINGS UTILITY /PUBLIC WORKS DEPARTMENT h7~lR ~ g 1999 110 NORTH FLAMINGO AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-2669 Fax (407) 327-0942 March 4, 1999 Bruce Banchand, Vice President Carol King Landscape Maintenance, Inc. 7032 Old Cheney Highway Orlando, FL 32807 Subject: Contract Cancellation Dear Mr. Banchand, OlT-~' C.7i `~ila.~' ~:.I~ ~,~''riti~ita5 C11~ I"u~~ii1ei~~f We are in receipt of your certified letter (2205930606) dated February 25, 1999 exercising the thirty(30) day contract cancellation option per paragraph 7 of the Proposal and Agreement dated December 9, 1998. We accept this notice effective March 28, 1999 and expect all other terms and conditions of the contract to be met until effective date of cancellation. Sincerely, ~j , Alan G. Hill Public Works Superintendent Cc: City Manager Public Works Director